Southern Ry. Co. v. Morrell

The parties are designated as in the trial court.

In an action of damages commenced before a justice of the peace and upon appeal, plaintiff was awarded a recovery in the circuit court. The judgment was affirmed by the Court of Appeals, and the cause is here upon the defendant’s petition for review upon certiorari.

The appeal involves the question of whether the defendant is liable to plaintiff for the loss of a horse which died as the result of injuries received in passing over a steel cattle guard. The cause of action stated in the warrant is “that by reason of defendant’s failurei to…