#### John D. Hembrough, appellee, v. John Barton Payne, director general of railroads, appellant.

Action for damages sustained to a shipment of cattle due to delay and mishandling. Judgment for plaintiff. No brief or argument filed on behalf of appellee. Appeal from the Circuit Court of Morgan county; the Hon. E. S. Smith, Judge, presiding. Heard in this court at the April term, 1921.

Reversed and remanded.

Opinion filed October 25, 1921.

Wilson & Butler, for appellant.

No appearance for appellee.

Mr, Presiding Justice Graves

delivered the opinion of the court.