East Tenn., Va. & Ga. Railway Co. v. Daniel

Simmons, Justice.

1. Daniel sued the railway company for damages on account of the killing of his mule. The defendant denied that the mule was killed by its train. The evidence tending to prove that it was killed by the defendant’s *769train was altogether circumstantial and presumptive, ■except that of one Lofton, who testified that he saw the mule when it was struck by the train and knocked from the track. Upon his cross-examination he was interrogated as to where he lived, what his business was and why he happened to be present at the time of the killing of the mule. In answer to these…