Judges: PER CURIAM. —
Attorneys: L. N. Green, for Plaintiff in Error;
W. K. Zewadski, for Defendant in Error.
Filed: Jun. 13, 1925
Latest Update: Mar. 02, 2020
Summary: This writ of error was taken to a judgment awarding $200.00 double damages and $62.00 as attorney fees for a cow killed by a train. There appears to be no evidence to sustain an apparently excessive allowance of *Page 39 attorney fees, and it is not clear that a failure to comply with the legal requirements of the statute as to fencing railroad tracks was a proximate cause of the killing of the cow so as to warrant a recovery of double damages. The cow was between the main line and a side track
Summary: This writ of error was taken to a judgment awarding $200.00 double damages and $62.00 as attorney fees for a cow killed by a train. There appears to be no evidence to sustain an apparently excessive allowance of *Page 39 attorney fees, and it is not clear that a failure to comply with the legal requirements of the statute as to fencing railroad tracks was a proximate cause of the killing of the cow so as to warrant a recovery of double damages. The cow was between the main line and a side track e..
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This writ of error was taken to a judgment awarding $200.00 double damages and $62.00 as attorney fees for a cow killed by a train. There appears to be no evidence to sustain an apparently excessive allowance of
attorney fees, and it is not clear that a failure to comply with the legal requirements of the statute as to fencing railroad tracks was a proximate cause of the killing of the cow so as to warrant a recovery of double damages.
The cow was between the main line and a side track eating melons dropped where cars were loaded with melons, and went on the track in front of an approaching train at a flag station where side tracks were used for loading melons, etc.
Under the circumstances the judgment should be and is reversed for a new trial.
WEST, C. J., AND WHITFIELD, ELLIS, TERRELL AND STRUM, J. J., concur.
