Vicksburg & Meridian Railroad v. Hamilton

Citations

• 62 Miss. 503

Syllabus

<p>Raix-road Company. Action against for injury. Presumption of negligence. Section 1059, Code 1880.</p> <p>Section 1059 of the Code of 1880 provides that, “In all actions against railroad companies for damages done lo persons or property, proof of injury inflicted by the running of the locomotive or cars of such company shall he primd facie evidence of the want of reasonable skill and care on the part of the servants of such company in reference to such injury.” Where, in such action, the plaintiff has proven the killing of his mule by the running of the defendant’s locomotive and train, it devolves upon the defendant to show the circumstances attending the killing (unless the same appear by the plaintiff’s evidence) in order to exculpate itself from blame, and if it fail to do so, the presumption must prevail, under the statute quoted, that the injury was the result of negligence on the part of defendant’s servants.</p>