Abbott v. Beaumont, S. L. & W. Ry. Co.

Statement of Case.

HIGGINS, J.

Abbott brought this suit to recover the value of a mule run over and killed by one of appellee’s trains.

A peremptory instruction in defendant’s favor was given, in accordance wherewith verdict was returned and judgment in its favor rendered. The correctness of the court’s action in giving this instruction is the only question presented by this appeal.

The animal was killed during the night in the town of Dyersdale by a passing train. No one saw the animal struck, and it is not shown by what train it was killed. It was found on the right of way the next morning with…