L. N. R. Co. v. Holmes

HARWOOD, Judge.

At the trial below John Holmes sued the L. & N. Railroad Company for damages resulting from the killing of his cow by one of defendant’s trains. A jury found in favor of the plaintiff and assessed his damages at $100. From the judgment in favor of the plaintiff rendered pursuant to the jury’s action the defendant below perfected an appeal to this court.

Testimony introduced by the plaintiff below tended to establish that plaintiff’s cow was struck and killed by defendant’s train at or near a dirt road crossing defendant’s railroad tracks. The record is silent as to whether this…