Midland Valley Railroad v. Skinner

Frau^nthau, J.

This was an action to recover the value of a horse which appellee alleged was negligently killed by the appellant in the operation of one of its trains. The jury returned a verdict in favor of appellee. There are three assignments of error made why the judgment should be reversed:

' (1) That there was not sufficient evidence to sustain the verdict; (2) because error was committed in permitting the introduction of certain testimony; and (3) because the court erred in refusing to give an instruction requested by appellant.

The case, briefly stated, is this: Between 2 and 3 o’clock…