Moses v. Southern Pacific Railroad

This is an action to recover ■ damages for negligence in the management of the defendant’s railroad, whereby a horse owned by the plaintiff was killed. The answer, after making the usual denials, sets up separately as a defense that the injury and damages were caused by the contributory negligence of the plaintiff; all of which he denied in his reply. There was a trial had, resulting in a verdict and judgment for the plaintiff, from which this appeal is taken.

By his brief, the counsel for the defendant, who is the appellant, says that the appeal involves but one question: “What is the…