St. Louis S. F. R. Co. v. Smith

Opinion by

SHARP, C.

Of the several assignments of error urged, it will be necessary to consider only the action of the court in overruling defendant’s motion fór a peremptory instruction. At the time of the accident which resulted in the death of plaintiff’s mule, the owner was living in the little town of Duval, about 75 yards distant from the railroad station platform, and had turned the mule out to permit it to graze in the adjoining woods pasture. On the same afternoon the mule was struck by an east-bound passenger train, and, as a result of the injury sustained, died a short time…