Carper v. Monongahela Valley Traction Co.

Miller, Judge:

In an action for damages by plaintiff against defendant for its alleged negligence in killing a steer the court sustained1 *283defendant’s demurrer to plaintiff’s evidence and pronounced the judgment of nil capiat complained of.

The sole question presented for decision is whether the evidence is sufficient to show negligence or from which negligence can reasonably be inferred within the-well settled rules applicable in such cases?

The action was begun before a justice, and was finally tried on appeal in the circuit court on January 29, 1915. The time of the accident was 9:05 o ’clock,…