Mobile & Ohio R. R. v. Gunn

Citations

• 68 Miss. 366

Syllabus

<p>Railkoads. Killing stock. Negligence. Question of fact.</p> <p>Although in an action against a railroad company for the value of a mule killed by its running train, the engineer testified that the train, composed of twenty-two loaded cars, was running twenty miles an hour, and that it was impossible to stop it or avoid the killing, and that every precaution was taken, yet, if there is evidence that he saw the mule come on the track 75 or 100 yards in front of his train, and that it ran 300 yards before being overtaken, it was properly left to the jury to say whether the engineer did all he might or should have done to stop or slacken speed, and a verdict for plaintiff will not be disturbed.</p>