Louisville Nashville Railroad Co. v. Yates

LIVINGSTON, Chief Justice.

The petition for certiorari to the Court of Appeals in the instant case is based on two grounds: First, that the Court of Appeals erred in the following statement of law involved in this case:

“A railroad company injuring stock by the running of its train in the nighttime at such rapid rate of speed that it is impossible, by the use of ordinary means and appliances, to stop the train and prevent the injury, within the distance in which the stock upon the track could be seen by the aid of the headlight is guilty of negligence, which, if it caused the injury, entitled…