ATLANTIC COAST LINE R. CO. v. McEACHERN

(94 South. 784) (4 Div. 780.) ATLANTIC COAST LINE R. CO. v. McEACHERN. (Court of Appeals of Alabama. Nov. 14, 1922.) Railroads <&wkey;446(3) — Negligence as to animal question for jury. Where plaintiff made out a prima facie case, entitling him to recover for the negligent . killing of a mule, the question whether defendant had acquitted itself of negligence, as provided by Code 1907, § 5476, was for the jury. Appeal from Circuit Co-urt, Houston County ; H. A. Pearce, Judge. Action by A. W. McEachern, administrator, etc., against the Atlantic Coast Line Railroad Company. Prom a judgment for plaintiff, defendant appeals. Affirmed. ■ Arrington & Arrington, of Montgomery, for appellant. T. M. Espy, of Dothan, for appellee. [MAJORITY — SAMPORD, J.] SAMPORD, J. Action for damages for negligent killing -of a mule. The plaintiff,' by undisputed evidence, made out- his prima facie ease, which entitled him to a recovery, unless defendant acquitted itself of negligence, as is'provided by section 5476 of the Code of 1907. This, under, the evidence in this ease, was a question for the jury. The court did- not commit error in refusing to give, at the request of the defendant, the general affirmative charge. We find no error in the record, and the judgment is affirmed.