The complaint did not have to aver the name and position of the defendant’s servants in
We do not think the trial court erred in refusing the general charge requested by the defendant. The plain-, iiff introduced evidence tending to show that the mule was on the track some time before being knocked off, and the jury could infer that the mule was seen in time to have stopped the train before striking him. The train was going rapidly, and the engineer was looking ahead, and the jury could infer that the engineer saw the mule far enough back to stop the train. It is true the engineer claims that the mule came suddenly on the track and near a cut and too late to stop the train, but he does not show that the mule could not have been seen if on the track some length of time, as claimed by the plaintiff, and the jury could infer that the mule was on the track some length of time and long enough for the engineer to ha Am discovered him, Avhen far enough back to bring the train to a stop or so check the speed as io enable the mule to escape.
The plaintiff had the right, in rebuttal, to testify that lie u ever paid any witness to come to court and swear in his favor as to any particular fact. It was proven by the defendant that one of the witnesses for the plaintiff made such a statement, but which he denied, and this evidence not only went to the credibility of the plaintiff’s ivitness, but to his own credibility, and he had a perfect right to disprove the charge of bribing or subornating a witness. We do not- wish to commend the form of the question, but the evidence was perfectly legitimate and proper.
There is no merit in the other assignments of error.
The judgment of the circuit court is affirmed.
Affirmed.