Ohio & Mississippi R. R. v. Hays

There is presented by the record in this cause but one question for the decision of this court. The appellee sued the appellant before a justice of the peace for the value of a cow alleged to have been killed by the locomotive and train of the defendant, at a point on the said road where the same was not fenced. The cause was tried by the justice, and resulted in a judgment for the plaintiff in the sum of fifty dollars. The appellant appealed the case to the circuit court, where the cause was, by the agreement of the parties, tried by the court. The court made a special finding of the facts,…