Louisville, New Orleans & Texas Ry. Co. v. Suddoth

Cooper, J.,

delivered the opinion of the court.-

The appellee sued the appellant to recover the,value of a horse killed by one of its trains.

The plaintiff’s evidence tended to show negligence on the part of the engineer of the train, especially in not checking its speed when the danger of injuring the animal became apparent. The defendant asked the court to instruct that, “ if they believe, from a preponderance .of the evidence, that *266tbe defendant’s employes used reasonable care and caution to avoid the injury, or that, after seeing the horse on the track, it was impossible to have stopped the…