Keilbach v. Chicago, Milwaukee & St. Paul Railway

Citations

• 11 S.D. 468
• 78 N.W. 951
• 1899 S.D. LEXIS 20

Syllabus

<p>The statutory presumption of negligence from tho killing of an animal on the track is rebutted, and a verdict for defendant should he directed, where the uncontradicted evidence shows that such animal was not on a crossing, and was not seen by <the persons in charge of the train until such train, which was properly equipped and running at lawful speed, could not be stopped in time to avoid the accident.</p> <p>Haney, J., dissenting.</p>