Atlantic Coast Line Railroad v. Williams

The plaintiff below, Williams, brought suit against the railroad company for damages, alleging that a horse belonging to him had been negligently killed by one of its trains. On the trial of the case, one of the plaintiff’s witnesses, who lived near the point where the animal was struck by the engine, testified as follows: A short while before the train came along, she saw the horse running in a pasture which adjoined, but which was not fenced off from, the company’s right of way. The horse came to within thirty or forty yards.of the railroad, and then started to cross the track. Witness…