Action by the appellant, against the appellee, to recover for a cow killed upon the appellant’s road, where the same was not fenced.

Judgment for the plaintiff below.

The facts in relation to the fencing of the road are the same, in substance, as in the case of The Louisville, etc., R. W. Co. v. Francis, ante, p. 389; on the authority of which the judgment below will have to be reversed.

The judgment below is reversed, with costs, and the cause remanded for a new trial.