Lewis v. Norfolk Southern Railroad

ClaRK, O. J.

It was in evidence that “about midday the defendant’s train passed plaintiff’s house, which was about 60 yards from the track. The train was twenty minutes late and going extra fast. The engine ran over and killed six of-plaintiff’s turkeys which were 250 yards further down the track. Those in charge of the train could have seen the turkeys a distance of 500 yards. No^ whistles were blown and the train made no other noise than that usually made in running. The engine did not let off any steam. There were no obstructions on the track to prevent the turkeys being seen.”

Upon this…