Fuller v. Port Royal & Augusta Railway Co.

Citations

• 24 S.C. 132

Syllabus

<p>In an action against a railroad, company for killing a horse, the defendant requested the judge to charge the jury: “That when the plaintiff proves the ownership and the fact of the killing, he makes out a prima facie ease, and negligence is presumed; but when the defendant introduces evidence and explains the fact of the killing, the plaintiif is required to prove by a preponderance of testimony that the defendant was negligent.” Held, that this charge was properly refused, as the rule in Danner's Case (4 Rich., 329) makes the proof of ownership, and the fact of killing, prima facie evidence of negligence, which prima facie showing must therefore stand until overthrown by counter proof.</p>