delivered the opinion of the court.

Action for killing a cow, based on § 43, p. 310, Wagn. Sfat. The court sitting as a jury found for plaintiff, doubled his damages, and gave him judgment for-$100. •

The case of Cary against the defendant, decided at the present term, is, with one exception, precisely like this one; the only point of difference being that in the latter ease it was in evidence that the animal was killed at a point where defendant’s road passed through uninclosed prairie lands.

For the reasons stated in that opinion, the judgment will be affirmed ; as in the former case the judgment of the trial court was reversed for the sole reason that there was an entire absence of testimony on the point above mentioned.