No. 79.

#### Chicago, Burlington & Quincy R. R. Co. v. Jones.

Opinion filed Feb. 25, 1886.

It is not enough to create liability for stock killed hv a railroad train, to prove that the bell was not rung, nor the whistle sounded, but it must also appear by facts and circam stances proved, that the accident was caused by reason of such neglect. The court is of opinion the evidence wholly fails to sustain the verdict in this case for appellee.

Reversed and remanded.

Attorneys, for appellant, Messrs. Sweeney & Walker; for appellee, Mr. James Callans.

Opinion by

Wall, P. J.

Judge below, G. W. Herdman.