No. 8.

#### St. L., A. & T. H. R. R. Co. v. Overturf.

This action was brought by defendant in error against the railroad company, to recover the value of several hogs, alleged to have been killed by its engines. A recovery of $18 was had *657and the company sued out a writ of error to reverse the judgment. From the evidence it would appear that the plaintiff relied for a recovery upon statutory negligence — the failure to erect and maintain a fence, as provided by the law, upon its line of railroad. The evidence utterly fails to show that the hogs killed, got upon the .crack at a place where the company was required by the statute to fence against them. The plaintiff must negative the exceptions contained in the statute, where he relies upon the failure to fence as a ground of recovery.

Opinion filed June 12, 1886.

Judgment reversed.

Attorneys, for appellant, Mr. F. M. Youngblood ; for appellees, Mr. J. A. Treece and Messrs. Boss & Layman.

Opinion by

Pillsbury, P. J.

Judge below, David J. Baker.