Stacy v. Keller

This was an action instituted before a Justice of the Peace for damages for the negligent killing of plaintiff mare, by a collision with an automobile driven by defendant’s son at night on the Dixie Highway between Cowan and Sewanee in Franklin county. The justice rendered judgment for $100, and the case was appealed to the circuit court, where it was tried by the judge without a jury, who rendered judgment for the defendant and dismissed the suit, taxing the plaintiff below with the cost. The plaintiff excepted, appealed to this court and assigned two errors which'are as follows:

‘‘1st. The…