Atlantic Coast Line Railroad v. Perry

B. H. Johnson recovered judgment against the Railroad Company for the value of a mule killed, together with an attorney’s fee of fifty dollars. *134He died soon after the entry of the judgment, and the cause was revived in the name of the Sheriff of Columbia County, who was appointed administrator ex officio.

We shall not undertake to follow the various ramifL cations of the pleadings. Johnson declared upon the statute giving damages for the killing of live stock when the railroad company has failed to fence its tracks. Outside the constitutional question hereafter discussed, the defense relied…