Kelly v. Oregon Short Line Railway

Citations

• 4 Idaho 190
• 38 P. 404
• 1894 Ida. LEXIS 36

Syllabus

<p>Evidence — Prima Eacie Negligence — Burden of Proof. — The evidence shows that respondent’s bull was on the track; that the track was covered with snow; that the bull was black; that the-track was straight for more than a mile; that the bull ran between the rails for some distance and was knocked off and killed. Held, sufficient was shown to establish a prima facie case of neg- - ligence, and put the party upon proof.</p> <p>Identification of Animal Killed. — One witness testifies that the animal had run with his band of cattle within a few days of the time of killing; another that he knew the animal well and examined it a few hours after it was killed. The owner described, the animal, giving age, marks and brands. Held, the identity o£ the animal sufficiently established.</p> <p>Proof of Accident. — The employees of appellant were the only witnesses to the accident, and if there was no want of due care it was. incumbent on appellant to show it.</p> <p>(Syllabus by the court.)</p>