Barnes v. Mobile & O. R.

Sykes, P. J.,

delivered, the opinion of the court.

This is a suit instituted in the circuit court by appellant (plaintiff) for the value of a horse and mule alleged .to have been negligently killed by a running train of the appellee (defendant) railroad company;

At the conclusion of all of the testimony a peremptory instruction was given the appellee (defendant), from which judgment of the court this appeal is prosecuted.

The testimony for the appellant is, in effect, as follows: One Sunday' afternoon in April he discovered that his stock, about twelve head in number, had gotten out of his…