Grand Rapids & Indiana Railroad v. Judson

Campbell, J:

Sait was brought to recover damages for injuries to a mare and colt in the village of Kalamazoo. One count claimed the injury to have arisen from neglect to keep up proper cattle guards. The other charged negligence in running the trains.

So far as the latter is concerned, the only testimony-in the case showed that the train in question' was run in the* usual way and with the usual precautions. As negligence cannot be presumed, but must be affirmatively proved, and as it cannot be presumptively negligent to run in the usual manner, without proof that such usual manner is itself…