Louisville Nashville Railroad Co. v. Moseley

PRICE, Judge.

Winston Moseley sued to recover damages -for the alleged negligent killing of two cows by one of defendant’s trains. Judgment was rendered for plaintiff in the lower court and his damages assessed at $265. Defendant appeals.

The basis of defendant’s first assignment of error is the court’s action in denying the motion for a new trial, on the ground the verdict was contrary to the great weight .and preponderance of the evidence.

It was stipulated between the parties that the cows were killed by defendant’s train No. 29, on November 14, 1949. The ;plaintiff testified on direct…