Luther v. Payne

*360Opinion of the Court by

Chief Justice Sampson—

Affirming.

Appellants, Luther and Morgan, instituted this action against the Director General of Railroads for the recovery of $500.00 damages for the negligent killing by the railroad of two mules owned by appellants. The Director General answered and admitted the killing of the mules by the engine of the train but denied that the killing was the result of the negligence of the train operatives. Further pleading the Director General averred that the mules were killed on February 17,1919, instead of March 17th, as alleged in the petition, and that…