Atlantic Coast Line Railroad v. Manning

(concurring specially). — A writ of error here is to a judgment in favor of defendant in error against the plaintiff in error, the result of a suit to collect pay for a cow alleged to have been the property of plaintiff below and to have been killed by defendant below in the operation of its train at a place where the railroad track was required by law to be fenced and was not fenced.

■ The judgment was for double damages and attorney’s fees.

My opinion is' that the evidence does not clearly show that a failure to comply with the legal requirements of the statutes as to fencing railroad tracks…