Railroad v. Russell

This is an action of damages, brought by W. H. Russell against the Cincinnati, Eew Orleans & Texas Pacific Railway Company, for killing a bull. The suit was commenced before a Justice of the Peace, from whose judgment the railway company appealed to the Circuit Court. In the latter Court, verdict and judgment were rendered in Russell’s favor for $40, and the railway company appealed in error to this Court.

On the trial, witnesses were examined as to the condition of the defendant’s track with reference to fencing, and as to the killing and value of the bull, no previous appraisement having…