#### J. P. Murphy, appellee, v. John Barton Payne, director general of railroads, appellant.

Action for damages for the loss of hogs during shipment. Judgment for plaintiff. Appeal from the Circuit Court of Gallatin county; the Hon. Julius C. Kern, Judge, presiding. Heard in this court at the March term, 1921.

Affirmed.

Opinion filed November 10, 1921.

Rehearing denied March 30, 1922.

Charles P. Hamill, for appellant; Roedel & Roedel, of counsel.

K. C. Ronalds, for appellee.

Mr. Justice Boggs

delivered the opinion of the court.