Hammang v. Chicago & Northwestern Railway Co.

Brown, District Judge.. This is an appeal from the district court for Washington county, wherein the plaintiff recovered a judgment for $350 as damages for the alleged negligence of the defendant in killing one mule and injuring another on' its right of way on April 14, 1916, which mules were the property of the plaintiff. The errors complained of by the defendant are that the trial court failed to incorporate in its second instruction, stating the issues, certain material defenses contained in its answer, and that the damages awarded are excessive.

An examination of the second instruction in…