Mobile & Girard R. R. v. Caldwell

Appeal from tlie Circuit Court of Russell. Tried before tbe Hon. J. M. Carmichael. This action was brought by John R. Caldwell, against tbe appellant, a domestic raib’oad corporation, to recover damages for tbe negligent killing of an ox, tbe property of plaintiff, by a moving train of cars belonging to tbe defendant; and the trial was bad on issue joined on tbe plea of not guilty. On tbe trial, as appears from tbe bill of exceptions, tbe plaintiff proved “ tbat bis ox was killed, at tbe time and place alleged, by tbe defendant’s train, and tbat it was worth $60.” One Bracken, tbe engineer in…