Powell v. Nelson

On an appeal from a justice’s court to the superior court, the plaintiff owner of a pointer bird dog recovered $75 against the railroad company for its killing “by negligently, carelessly, wilfully, wantonly, and maliciously running over” the animal, as alleged in the petition. The court refused a new trial. The defendant excepted on the general grounds, and to an instruction which authorized the jury to find the defendant liable for mere negligence; and to a failure to submit its contention, not made in any request to charge or in its answer, that the animal was a trespasser, and that the…