¶1The petition, in this case, is based upon the alleged failure of the appellee, who was plaintiff below, and had sued for an animal killed by rolling stock, to prove that the injury was committed in Shelby county.
¶2Ho witness stated that the animal was killed in that county; yet several stated, that it was killed on the railroad between two named geographical points, which we will judicially notice are in that county.
¶3Motion overruled.