
    (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.
   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.  