Day v. New Orleans Pacific Railway Co.

The opinion of the Court was delivered by

Bermudez, C. J.

This is an action in damages for the killing by the defendant company of a jack and mule of plaintiff’s on the night of November 11, 1882, the animals being valued at twelve hundred dollars. The charges are that the company had no right of way on the Experiment plantation where the accident occurred and-that the injury was sustained in consequence of the negligence of the company’s agents in charge of its trains and cars.

The defense is a general denial, coupled with averments of the right of the company to the use of the road, as derived…