Bethea v. . R. R.

The killing of the animal was admitted, and there was evidence as to its value. There was also evidence on behalf of the defendant company, tending to show that there was due diligence and no negligence.

The evidence of the engineer, which, if accepted by the jury as true, would make a competent defense to the charge of negligent (280) killing, is set out in full in the case on appeal, but "error cannot be assigned and become the subject of review in an omission or neglect to give a specific instruction, even when proper in itself, unless asked, and thus called to the attention of the judge in…