#### W. H. Faris, appellee, v. The American Railway Express Company, appellant.

Action to recover damages for injury to colt shipped by plaintiff. Judgment for plaintiff. Appeal from the Circuit Court of *652Bond county; the Hon. George A. Crow, Judge, presiding. Heard in this court at the March term, 1925.

Reversed and remanded.

Opinion filed August 5, 1925.

Brown & Burnside, for appellant.

J. H. Alliv and Robert Wright, for appellee.

Mr. Presiding Justice Higbee

delivered the opinion of the court.