GARDNER, J.
The special ground complained of an excerpt from the charge of the court as follows: "Now, I charge you in this case that when it is shown that livestock is killed by the railroad company that the burden then shifts to the defendant railroad company to show by a preponderance of the evidence in the case that it, by and through its servants, agents, and employees in charge of the train, have exercised ordinary care and diligence to prevent the injury and...
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