M. & O. Railroad v. Hudson

Citations

• 50 Miss. 572

Syllabus

<p>1. Railroads — Liability eor Injury to Stock. — If stock intrude upon a railroad track, tlie company lias no claim for damages against tlie owner; and for tlie damages done by railroad trains to stock, the liability of the company depends upon whether the injury was caused hy negligence or mismanagement. The party claiming damages must prove that due precaution to prevent the injury was not used b}r the company, or its employees. Injury to animals is not of itself evidence of negligence. It must he established hy positive proof.</p> <p>2. Same — Same.— Where the testimony fails to explain the circumstances of the injury or killing, but the plaintiff trusts to the simple fact of the injury or killing from which to deduce the inference of negligence or misconduct of the company or its servants, he comes short of proving his case.</p>