Ellison v. Norfolk & Western Railway Co.

Roeeenbarger, Judge:

The principal ground of assault upon the verdict underlying this judgment for $300.00, obtained in an action against the defendant for the alleged negligent killing of the plaintiff’s two mules, is insufficiency of the evidence to sustain it.

While the defendant’s east-bound train running at the rate of thirty or thirty-five miles an hour, up grade, on a moonlight night, and carrying not less than seven or eight coaches, ivas running on a straight stretch of track about half a mile long, towards a sharp curve, the plaintiff’s two mules went on the track ahead of the train,…