O'Kelly v. Yazoo & Mississippi Valley Railroad

Citations

• 94 Miss. 635
• 47 So. 660

Syllabus

<p>1. Railroads. Live stock killed on track. Stock laws. Animals • ■ wrongfully at large.</p> <p>In an action against a railroad company for killing a mule which escaped from a .yard in the night without plaintiff’s fault or knowledge, where the evidence, aided by the statute, made the 'company’s liability a question for the jury, a stock ordinance in force in the city had no application to defendant’s liability.</p> <p>2. Same. Evidence. Inferences from physical facts.</p> <p>In actions against a railroad company for injuries to property,, where the testimony of employes negatives the company’s negligence, but the physical facts might justify an inference of negligence, the correctness of the employes’ testimony and of the company’s negligence are for the jury. j</p>