Jackson v. St. Louis, Iron Mountain & Southern Railway Co.

This was an action to recover damages for injuries inflicted upon the plaintiff’s ox by the cars of the defendant. The testimony tended to show that the ox had a portion of its foot cut off by the ears of the defendant, and that it was appraised at the instance of the plaintiff, who said it was to be turned over to the defendant, and that he would have nothing more to do with it. The ox was never actually delivered by the plaintiff’ to the defendant, but strayed away or was stolen. No instructions were asked by the plaintiff. The following instruction was given at the request of the…