#### M. C. Holtslaw, appellee, v. Baltimore & Ohio Southwestern Railroad Company, appellant.

Action for damages for the loss of a jack killed by defendant’s, train on or near a highway. Judgment for plaintiff. Appeal from the Circuit Court of Marion county; the Hon. Thomas M. Jett, Judge, presiding. Heard in this court at the March term, 1922.

Affirmed.

Opinion filed July 11, 1922.

E. B. Vandervort and Kramer, Kramer & Campbell, for appellant; Morison R. Waite and William A. Eggers, of counsel. Charles H. Holt, for appellee.

Mr. Presiding Justice Higbee

delivered the opinion of the court.