Robbins v. Railroad Co.

MoWhortkk, .Judob:

This was an action of trespass on the case for the killing of a horse by the defendant on its railroad track. The defendant demurred to the declaration which demurrer was overruled, the plea of not guilty entered, a jury impannelled and after the evidence was all in the defendant demurred to the evidence in which the plaintiff joined. The jury returned a conditional verdict in favor of the plaintiff for $300.00. The defendant moved the court to set aside the verdict, which motion was overruled and the court took time to consider of its judgment of the demurrer to the…