dissenting.
The verdict was for the full value of the property lost. The fault which caused the loss, was, I think, in both parties. When this is so, the loss, I think, ought to be borne by both parties, each party bearing a part proportioned to his part of the fault.
See my opinion in Macon and Western Railroad vs. Winn, decided at Macon in June, 1858.
Hence, I think, that the damages were too large.
Consequently, I must dissent from the judgment of the Court.