#### J. J. FEREBEE v. NORFOLK SOUTHERN RAILROAD CO.

(Filed 23 September, 1925.)

Appeal by defendant from Oranmer, J., at April Term, 1925, of Currituck.

Civil action to recover damages for an alleged negligent injury and killing of plaintiff’s livestock by defendant’s engines and cars.

From a verdict and judgment for plaintiff, the defendant appeals, assigning errors.

*855 Aydlett & Simpson for plaintiff.

Thompson & Wilson for defendant.

Pee CuRiam.

Tbe evidence is conflicting on the main issue of liability; it is purely a question of fact; the jury has determined the matter against the defendant; there is no reversible error appearing on the record; the instruction on the burden of proof, when taken as a whole, must be resolved in favor of the validity of the trial; the verdict and judgment will be upheld.

No error.