Kansas City, Memphis & Birmingham R. R. v. Doggett

Citations

• 67 Miss. 250

Syllabus

<p>1. Railroads. Injury to animals. Negligence. Presumption. Code 1880, § 1059.</p> <p>In an action of damages against a railroad company for stock killed, by a running train, proof of the injury and the value of the animals makes out a prima facie case of negligence under § 1059, code 1880, and it is then incumbent on the company to relieve itself of liability by showing circumstances of excuse.</p> <p>2. Same. Question for jury. Case in judgment.</p> <p>In such action the engineer and conductor testified that the animals injured were first seen about half way between the track and a parallel fence which was 75 feet distant therefrom ; that they ran ahead along the fence about 200 feet to where it turned and still following it, went upon the track, and were struck; that signals were promptly sounded, brakes applied, and all possible efforts made to prevent injury ; that the train, a heavily loaded freight, running ten miles an hour, could not be stopped under 500 feet. The plaintiff’s testimony tended to show that the point of accident was about 330 feet from where the animals were first seen ; that their fresh tracks, running on the railroad the whole distance, were seen very soon after the injury, and that the train ran up a heavy grade for half a mile just before the striking. Held, that it was proper to refuse a peremptory instruction for defendant.</p> <p>3. Supreme Court. Verdict; when not disturbed.</p> <p>In such case a finding in favor of plaintiff on the controverted facts, though it may be unsatisfactory, will not be disturbed : it cannot be said that there is no evidence to support the verdict.</p> <p>4. Same. Amount of verdict. When appellant cannot complain.</p> <p>A defendant cannot question a finding in favor of the plaintiff, on the ground that under the evidence the recovery, if anything, should have been larger, and therefore that there is no evidence to support the verdict for the amount named.</p>