Joyner v. South Carolina Railway Co.

Citations

• 26 S.C. 49
• 1 S.E. 52
• 1887 S.C. LEXIS 2

Syllabus

<p>1. The general principles of law applicable to eases involving the negligent killing of stock by railroad trains, and the rules of evidence applicable thereto, considered.</p> <p>2. Where the plaintiff proves the fact of the killing of his stock by a moving train of cars, he thereby raises a legal disputable presumption of negligence on the part of the railroad company, which presumption is not affected by tbo mere introduction of evidence on the part of the company, unless such evidence is sufficient to rebut this presumption by making out affirmatively a case of accident.</p> <p>3. Plaintiff having proved ownership, value, and the fact of killing, a motion for non-suit was properly refused.</p> <p>4. The plaintiff is not bound to prove the absence of contributory negligence ; this is a matter of defence to be established by the defendant.</p> <p>5. The character of a railroad company’s right to its track, and whether stock on the road are trespassing, depend upon the deed or other instrument under which the right of way was acquired.</p> <p>6. The tidal judge committed no error in charging “that if the train was running at a lawful rate, and had the customary appliances and force of train-men, and the stock when seen by the engineer, or might with due care have been seen, was so close that the train could not be stopped in time to avoid striking it, then the plaintiff cannot recover.”</p> <p>7. Much less care is required of railroad companies in providing against stock on its track since the passage of the stock law than before its passage.</p> <p>8. Where the law requires a railroad company to provide its trains with 'a certain number of brakes and brakemen, it will be presumed, in the absence of testimony, that the company had complied with this requirement.</p> <p>9. A statute providing for certain accompaniments to passenger trains and to freight trains does not apply to mixed trains.</p> <p>10. The killing being proved, the law presumes negligence until th