Lewis v. Fremont, E. & M. V. R.

Citations

• 7 S.D. 183
• 63 N.W. 781
• 1895 S.D. LEXIS 55

Syllabus

<p>1. The exercise of reasonable care to prevent injury to trespassing animals discovered upon a railway track relieves the company from liability in case such animals are struck by a passing train.</p> <p>2. A motion for the direction of a verdict in favor of the defendant at the close of all the testimony should be sustained, although the killing is admitted, when the statutory presumption of negligence arising therefrom has been clearly overcome by the undisputed evidence. • - '</p> <p>(Syllabus by the Court.</p>