HARWOOD, Judge.
In the court below the plaintiff gained a verdict and judgment for damages for the death of a mule.
No need arises to set out the pleading or facts, for counsel for the defendant railroad, the appellant here, has stated in brief that the sole question presented by this appeal is the constitutionality of the underlined portion of Section 173, Title 48, Code of Alabama 1940, which is as follows:
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