Hanford v. Southern Railway Co.

ClaRK, 0. J.

This is an action to recover damages for tbe alleged negligent killing of a borse and destruction of buggy and harness belonging to plaintiff.

Exceptions 1, 2, and 4 were for permitting tbe witness Capt. J. 0. Walton, wbo testified tbat be bad been long in tbe service of tbe defendant company and for many years conductor and knew tbe grade at tbe point where tbe accident occurred, to express bis opinion tbat tbe train could have been stopped or slackened up at tbat point, it being an up grade, in a very short distance.

Tbe uncontradicted evidence was tbat tbe borse was bitched in…