#### Ohio & Mississippi Ry. Co. v. John J. O’Donnell.

Railroads—Damages for Killing Cow—Ordinance.

In an action against, a railroad company for killing a cow this court cV'cbnes to interfere, the verdict for the plaintiff being sustained by the evidence.

[Opinion tiled November 18, 1887.]

Appeal from the Circuit Court of Sangamon County; the Hón. J. A. Creighton, Judge, presiding.

Messrs. Pollard & Werner and Matheny & Matheny, for appellants.

Messrs. Orendobee & Patton, for appellee.

Per Ov/riam.

Action on the case against the railway company for negligence in running its train, whereby plaintiff’s cow was billed; for which he recovered judgment below on a verdict for $55 damages.

There seems to be nothing here for our consideration but a *349question of fact, whether the negligence charged was sufficiently proved. Enough appeared to warrant a finding that at the time of the accident the train, was running backward, on a considerable curve, in a city, and at a rate of speed forbidden by its ordinance. These facts would make a prima facie case under the statute. The jury believed it was not: overcome. All the instructions asked on behalf of the defendant were given, and we see no reason to expect a different result from another trial.

Judgment affirmed.