Armstrong v. Louisville N. R. Co

This is a cause of action brought by the plaintiff against the defendant in which damages are sought for the killing of a cow by the alleged negligent operation of a train.

In the court below there was a verdict and judgment in favor of the defendant.

The trial judge refused the general affirmative charge with hypothesis in plaintiff's behalf. This action constitutes the question of prime concern for our review.

In the main the evidence is not in dispute. We will confine our delineation of the facts to those most favorable to appellee. This is proper in approaching the question of instant…