#### L. B. Scranton, appellee, v. Chicago & Alton Railroad Company, appellant.

Action to recover for killing of horses by locomotive. Judgment for plaintiff. Appeal from the Circuit Court of Pike county; the Hon. Albert Akers, Judge, presiding. Heard in this court at the October term, 1917.

Reversed and remanded.

Opinion filed October 22, 1918.

Edward Dooey and William and Barry Mumford, for appellant.

A. Clay Williams and W. E. Williams, for appellee.

Mr. Justice Graves

delivered the opinion of the court.