No. 65.

#### Indiana, Bloomington & Western Ry. Co. v. John W. James et al.

An action by a shipper against a railroad company for injury to cattle shipped from Olney, Ill., to Green Springs, Ohio, caused as alleged while the cars containing the stock were in the yards at Springfield, Ohio, by a switch engine of appellant which was running at the rate of twenty-five or thirty miles an hour, colliding with the cars and throwing the stock against the cars by which they trampled upon each other and were injured; appellant denied the collision and contended the injury v as due to the restlessness of the stock; no question of law is raised, the contest being upon questions of fact. As the evidence was conflicting, it was the peculiar province of the jury to determine the weight and credit to be given to the testimony of the various witnesses, and their verdict for the shipper is undisturbed.

Judge below, J. W. Langley.

Attorneys, for appellant, Messrs. Gere & Beardsley;

for appellee, Mr. J. M. Weight.

Opinion filed Dec. 4, 1885.

Opinion by Conger, J.