James v. Atlantic Coast Line Railroad

This is an action tried in the Superior Court on appeal from a justice of the peace for the negligent killing of nine geese — four at one time and five at another. On one occasion the geese were in the field by the railroad, and after the train passed the plaintiff found four geese killed. On another occasion the geese were near the railroad track, and after the train passed five were found killed. The point where these geese were killed was at a slight curve in the track about 100 yards from a farm crossing. No witness saw the geese when they were killed, on either occasion.

There was no…