CARLISLE, J.
In this action against the railroad company to recover damages for the killing of the plaintiff's mule by the operation of one of the company's trains, the plaintiff charged that the defendant was negligent in that its servants, the engineer and fireman of the train in question, failed to check the speed of the train after discovering the mule on the company's right-of-way, running in a direction where it would be compelled to turn across its tracks,...
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