Louisville N. R. Co. v. Sellers

The evidence in the case is sufficient to'support a fair inference by the jury that the cow and yearling were struck by defendant’s train of cars on April 19, 1929, and were injured so that defendant’s section foreman killed the yearling, and the cow was perhaps permanently and seriously injured. The court correctly charged the jury that, if they found such to be the fact, the burden was then upon defendant to show that there was no negligence on the part of the company or its agents. Section 9935, Code; Ex parte Southern Ry. Oo., 181 Ala. 486, 61 So. 881; Central of Ga. Ry. Co. v. Williams,…