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

Citations

• 4 S.D. 538
• 57 N.W. 494
• 1894 S.D. LEXIS 12

Syllabus

<p>1. Where, in an action against a railroad company for negligently killing stock trespassing upon the track, the evidence, undisputed either expressly or inferentially, is that the train, then being equipped with proper appliances, in good order, and running at a rate of speed not claimed to be unreasonable, could not be stopped so as to avoid the accident between the point where it was possible for the trainmen to have discovered the stock and the place of the collision, the prima facie case of negligence, under the statute,, is overcome.</p> <p>2. In such case a verdict finding negligence on the part of the company is unsupported by the evidence, and a judgment upon such verdict will be reversed.</p> <p>(Syllabus by the Court.</p>