Cincinnati, New Orleans & Texas Pacific Railway Co. v. Downing

Opinion op ti-ie Court by

Judge Carroll

Affirming in eacli case.

In tliese suits to recover damages for tlie alleged negligence of the appellant company in killing stock owned by tbe appellees, the cases were tried together, and there was a verdict and judgment in each case for the appellee. The only ground upon which a reversal is asked is that the trial judge should have directed a verdict for the company because there was no evidence of its negligence.

The stock were killed about eleven o’clock at night by a passenger train running fifty miles an hour. The night was cloudy and a light rain was…