Yazoo & Mississippi Valley Railroad v. Frazier

Citations

• 104 Miss. 372
• 61 So. 547

Syllabus

<p>Railroads. Killing stock. Negligence. Evidence.</p> <p>Where in a suit against a railroad company for killing an animal upon the track, the uncontradicted testimony showed that the animal jumped on the track between thirty and forty feet ahead of the engine and ran one hundred and thirty feet down the track and that it was impossible to stop the train before striking the animal, the train, being properly equipped with all necessary appliances in good order, and the engineer on the look out, there was no negligence on the part of the railroad shown and the court should have been given a peremptory instruction for the defendant.</p>