Louisville, New Orleans & Texas Ry. Co. v. Smith

Citations

• 67 Miss. 15

Syllabus

<p>1. Railroads. Presumption of negligence. Instruction. Code 1880, § 1059.</p> <p>In an action against a railroad company where injury to an animal caused by its running cars is shown, a presumption arises of negligence on the part of defendant, and the court should not instruct the jury that notwithstanding this presumption, if the facts of the injury appear, they cannot find for plaintiff unless these show such negligence. The necessity for exculpation from negligence in such case is on the defendant. Code 1880, § 1059.</p> <p>2. Same. Killing stoclc. Presumption overcome.</p> <p>In such action, if the uncontradicted testimony of the engineer is that he was at his post; that the mule was killed at night by a lengthy freight train, running twenty-three miles an hour ; that the mule came upon the track about ten yards ahead of the engine; that the stock alarm was promptly sounded, and that the train could not be stopped before striking the animal, a peremptory instruction for defendant is proper.</p>