Ohio & Mississippi Railway Co. v. Cole

—This action was instituted-before a justice of the peace to recover the value of a colt, which, it was alleged in the complaint, was wounded, run against, and killed by the locomotive and cars of the appellant, upon its track, at a place where the road was not properly fenced. After a *332trial before the justice of the peace, the cause was taken by appeal to the circuit court. There was a trial by the court, finding for the appellee for the amount claimed, motion fora new trial overruled, exception, and judgment on the finding.

The evidence is all set out in a bill of exceptions, and we think it…