Western & Atlantic Railroad v. Loughbridge

This suit originated in a justice’s court, and was brought by the defendant in error, to recover damages for the killing of his cow by the railroad company. On the trial before the justice, a judgment was rendered in favor of the defendant in error. The plaintiff in error thereupon appealed to a jury, when a verdict for forty dollars was returned in favor of the defendant in error. The ease was then carried by certiorari to the superior court. The answer of the justice was an adoption of the *815petition of plaintiff in error, and the defendant in error filed no traverse to the answer. Upon a…