Davis v. Holly Sugar Corp.

The defendant in error was plaintiff in an action against the plaintiff in error, under the transportation act of 1920, to recover damages for the killing of a mule at Loma, on the D. & R. G. Railroad. The action was begun before a justice of the peace, where judgment was rendered in favor of the plaintiff, and an appeal taken to the county court. The case was there tried to a jury. Verdict and judgment for plaintiff.

There are, of course, no pleadings in the case. It appears, however, from instruction No. 1, upon which the defendant assigns error, that the action was supposed to be brought…