#### Arthur Swain, appellee, v. John Barton Payne, director general of railroads, appellant.

Action for damages for negligent delay in the transportation of cattle. Judgment for plaintiff. Appeal from the Circuit Court of Morgan county; the Hon. E. S. Smith, Judge, presiding. Heard in this court at the April term, 1921.

Affirmed.

Opinion filed January 4, 1922.

Wilson & Butler, for appellant.

William N. Hair grove, for appellee.

Mr. Justice Niehaus

delivered the opinion of the court.