Macon, Dublin & Savannah Railroad v. Barfield

The railroad company killed the plaintiff’s mule. The jury found for the plaintiff. Defendant’s motion for a new trial was overruled, and it excepts.

If the engineer’s testimony is to be taken as the truth of the transaction, the company was not liable. It is argued that the jury had no right to disregard this testimony. It is conceded that other *105witnesses disputed Ms testimony as to whether he slackened his speed at the time he said he slackened it, and as to whether he sounded the cattle alarm as he said he sounded it. It is said that there is no conflict in his testimony, so far as it…