Western & Atlantic Railroad v. Jones

Crawford, Justice.

This suit was brought against the Western & Atlantic Railroad Company, to recover damages for a horse killed by one of its trains, and for which the jury found a verdict in favor of the plaintiff for the sum of ninety dollars.

A motion was made for a new trial—because the evidence did not support the verdict, and because the court erred in the instructions given to the jury.

The killing was not denied, and the questions of value and diligence were the controlling matters in issue. The testimony was with the plaintiff on the value—-and under the decision of this court in the 61…