Mobile & Ohio Railroad v. Malone

This is an appeal from a judgment of the circuit court of Mobile county, which was rendered at the spring term thereof, in 1869. The railroad corporation brings the appeal to this court. The appellee, Malone, obtained a judgment below for one hundred dollars and costs. The action was trespass for killing four cows, the property of said Malone, by the cars and locomotive on said railroad, in this State, while said cars and locomotive were proceeding on the roadway of said corporation in the ordinary business of said company. This cause, on the trial below, turned upon the charge of the court.…