Harrison v. Chicago, M. & St. P. Ry. Co.

Citations

• 6 S.D. 100
• 60 N.W. 405
• 1894 S.D. LEXIS 128

Syllabus

<p>1. In this state a railroad company is not required to be on the lookout for trespassing animals on its track, other than at public crossings; but it is required as soon as an animal is discovered on the track, to use reasonable care to prevent injury to the same,</p> <p>2. Negligence is the gist of an action to recover damages for animals killed by a railway company; and when the presumption of negligence arising from the killing is overcome by the evidence of the company, the plaintiff, to entitle him to recover, must prove facts tending to show that the killing was caused by the negligence of the company sufficient to warrant a jury in finding such negligence on the part of the company.</p> <p>3. Such evidence ne.ed not be direct and positive, but it must be such as to justify reasonable men in finding that the killing was the result of the company’s negligence or that of its servants or employes.</p> <p>4. There must be something more established by such evidence than a mere probability, not the direct result of the facts proven, that the killing was caused by the negligence of the company. Facts and circumstances must be shown sufficient to bring conviction to fair-minded men, without resorting to mere conjecture or uncertain and inconclusive inferences.</p> <p>5. This court, in the determination of questions before it, looks only to the abstract of appellant, and the further or additional abstract of the respondent (in case one has been filed,) unless there is a conflict between the abstract and the further or additional abstract which requires an examination of the records on file in the clerk’s office, to settle. A respondent who claims that there is evidence or other matters in the record or in the bill of exceptions sustaining the verdict, findings, or other decisions of the court, not contained in appellant’s abstract, should bring such evidence or other matter before this court by a further or additional abstract.</p> <p>(Syllabus by the Court.</p>