Missouri Pacific Railroad v. Bennings

This suit was brought by the appellee in the Hot Spring Circuit Court for damages for killing a mule belonging to appellee. He alleged that the value of the mule was $200. It was alleged that the mule was negligently killed by being struck by one of defendant’s freight trains, and that payment had been demanded and refused. Defendant answered, denying that appellee owned the mule, and denying all allegations with reference to killing the mule, and its value.

Appellee testified in substance that on February 14, 1931, he found his mule dead, and that it had been dead for something like three or…