Seaboard Air Line Railway v. J. R. Robinson

WHITFIELD, J. -- This writ of error was taken to a judgment awarding double damages and attorney fees for failure of the railroad company to pay within sixty days after presentation a claim for a mule killed by the railroad company at a point where under the statute the company should have had, but did not have, its track fenced. The declaration alleges the value of the mule killed to be $125.00, and also alleges that ""the plaintiff gave notice in writing of the time, place and value of the said mule"" to the agent of the company, ""but the said defendant has not paid the same or any part thereof, or offered so to do, and more than sixty days have passed since the giving of the said notice and the said defendant has become liable to the plaintiff for the sum of two hundred and fifty dollars, being double the amount of adamages caused by the killing of the mule aforesaid, and all costs, expenses, and a reasonable attorney's fee incurred by the plaintiff in collecting the same by suit."" A demurrer to the declaration was properly overruled, since the declaration was not subject to the criticism that it does not appear whether the railroad line