Louisville Nashville Railroad Co. v. Nettles.

PRICE, Presiding Judge.

Plaintiff sued to recover damages for the killing of his eight Hereford cattle by one of defendant’s trains. A jury found in favor of plaintiff and assessed his damages at $500.00.

The record bears out the following facts, most of which are taken from the briefs of counsel.

From appellant’s brief:

About ten o’clock on the morning of October 6, 1965, a freight train of the defendant, traveling North, along its tracks near Beatrice, Alabama, struck and killed seven or eight cows belonging to the plaintiff. These facts are undisputed in the testimony. It was a foggy, misty…