DocketNumber: 4 Div. 780.
Judges: Sampord
Filed Date: 11/14/1922
Status: Precedential
Modified Date: 11/2/2024
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.