Peoria, Decatur & Evansville Ry. Co. v. Wagner

This was a suit by appellee against appellant, commenced before a justice of the peace to recover the value of a cow alleged to have been killed by the negligence of appellant’s servants in charge of its train. The cause was taken to the Circuit Court of Richland county on appeal and there tried by a court and jury, resulting in a verdict for plaintiff for $40 damages, overruling appellant’s motion fc new trial, judgment on verdict, and this appeal therefrom. There can be no doubt the cow was killed, but there is a very sharp conflict of evidence on the question whether the death of the cow…