HARWOOD, Judge.
The suit below was for the killing of plaintiff's heifer by the defendant railroad. Verdict and judgment were for the plaintiff.
The undisputed evidence establishes that the heifer was killed by one of defendant's trains.
Lloyd Spitzer, a witness for the plaintiff, testified that the heifer was killed about six thirty in the morning by defendant's train. The train was travelling toward Birmingham at a speed of 35 to 40 miles per hour...
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