Chicago, Rock Island & Pacific Railway Co. v. Fowler

Appellees sued, and recovered judgment against appellant in the sum of $210 damages, $210 penalty and $50 attorney’s fee on account of the killing of a mule owned by them by the operation of a passenger motor car by appellant. At the conclusion of the testimony,-appellant requested the court to direct a verdict in its favor, which was refused, and this is the only assignment of error we find it necessary to consider, as we are of the opinion the request should have been granted.

Only two witnesses testified to the circumstances and conditions attending the killing of the mule, Tom Harris, for…