Tuggle v. Seaboard Air-Line Railway Co.

Tuggle sought to recover damages for the alleged negligent killing of his mule by the'railway company. At the conclusion of his evidence the court granted a nonsuit, and upon this judgment error is assigned.

The court properly granted a nonsuit. The evidence for the plaintiff negatived the alleged negligence in the killing of the mule. The case falls squarely, in principle, within-the ruling in the case of Gay v. Wadley, 86 Ga. 103 (12 S. E. 298), where Chief Justice Blecklej', speaking for the court, said; “ The plaintiff’s

mare having run along the railway track ahead of the train of her own…