Opinion by
§ 234. Opinion of witness as evidence; rules as to; case stated. Appellees brought this suit against appellant in justice’s court to recover damages for injury done to a lot of hogs shipped by them over appellant’s line of railway. They recovered judgment in said court for $140 and costs. Appellant took the case by appeal to the county court, where appellees recovered judgment for only $122.22, and for all costs, from which judgment appellant has appealed to this court. On the trial in the county court, over objection of appellant, the court permitted Duncan, one of the plaintiffs, to testify as to the weight of the hogs at the time they were shipped; the witness stating merely his opinion or estimate of their weight, they not having been weighed. The objection made to this evidence was that it was the opinion of a witness who was not an expert. The witness, with reference to his experience and means of knowledge, stated as follows: “ I am forty-five years old, and have been raised on a farm; have been raising hogs and stock all my life; have weighed hogs a good deal; I used to set down the weight
§ 235. Judgment for costs in case appealed from justice’s court must conform to statute. It w^as error to adjudge the costs of the county court against appellant, the judgment of the justice’s court having been reduced in amount by the appeal, arid no cause being stated in the record for thus adjudging the costs. [R. S. arts. 1433, 1434; W. & W. Con. Rep. §§ 246, 355, 828; 2 W. Con. Rep. § 417; Hotchkiss v. Chevallier, 12 Tex. 224.] Appellee having in this court remitted the costs of the county court, the judgment is reversed and reformed so
Reversed and reformed.
