Atlantic Coast Line Railroad v. Cook

1. This was a suit against the Atlantic Coast Line Eailroad Company for damages on account of the killing of a horse. The defendant admitted a prima facie case and failed to successfully rebut the presumption in law that arose against it. There was evidence to show that the track was straight for about a half mile ahead of the point where the plaintiff’s horse was killed; that the headlights of the defendant’s engine were in good order; that the horse ran before the engine for from 100 to 450 feet before being struck and killed; that the engineer saw, or in the exercise of ordinary care could…