Roberds v. Mobile & Ohio Railroad

Citations

• 74 Miss. 334

Syllabus

<p>1. Railroads. I/ime stock on track. Stock law district. Code 1892, $ 1808.</p> <p>Though live stock may, in a stock law district, be wrongfully at large and trespassing on a railroad track, yet, under $ 1808, code 1892, the railroad company is prima facie liable to the owner for injury to an animal inflicted by the running of its locomotives or ears.</p> <p>2. Same. Peremptory instruction.</p> <p>Where an animal is killed or injured by the running of railroad locomotives or cars, even if the animal were unlawfully at large and trespassing on the track, yet a peremptory instruction for defendant should not be given if there be evidence showing, or tending to show, that the injury might have been avoided by the exercise of reasonable care after the animal was seen by defendant’s servants in charge of the train.</p>