Louisville, New Albany & Chicago Railway Co. v. Kious

Appellee brought this action to recover for cattle killed and injured by a locomotive of the appellant at a point on the line of its railroad not securely fenced.

The appellant contends that the court erred in refusing a continuance. We have examined the affidavit filed in support of the application, and are of the opinion that it does not show diligence. It does show that at the time the cause was called for trial, the witness could not be present, but it also' shows that this was almost certain to be the case, and that appellant knew it. It appears, therefore, that the appellant, having…