Railroad v. Patton

Eugene Patton obtained verdict _ and judgment against the Louisville & Nashville Railroad Company for $G5 for killing a mule. The company appealed in error.

The plaintiff’s mule was killed by a moving train of the defendant on its track in a held belonging to one of the plaintiff’s neighbors. The held contained fifteen acres, and seems to have been a parallelogram, almost square. The defendant’s track passed through the field from end to end, and was not inclosed otherwise than by the fence along the outer limits of the field.

The trial Judge correctly instructed the jury that the defendant was…