Railroad v. Webster

MoAi.istei;, J.

This suit was commenced before a Justice of the Peace to recover damages for the wrongful killing of plaintiff’s mule by the railroad company. The trial in the Circuit Court before Hon. Lytton Taylor, Special Judge, and a jury resulted in a verdict and judgment in favor of the plaintiff for the sum of one hundred dollars. .The company appealed, and has assigned errors. On the trial below there was evidence tending to show that the defendant company had not kept its track fenced in the manner prescribed by law, and the animal having escaped from its owner’s premises strayed upon…