Gulf, Mobile & Ohio Railroad v. Chisolm

ETHRIDGE, Chief Justice:

The appellee Chisolm obtained a verdict and judgment of $955 in the Circuit Court of Newton County against the appellant, Gulf, Mobile & Ohio Railroad Company. The suit was based on allegations that de*824fendant’s freight tram negligently struck and killed four head of cattle belonging to plaintiff. We conclude that plaintiff failed to show any negligence by the railroad, and it was entitled to a peremptory instruction.

The cattle were killed by an eastbound freight train in the middle of the afternoon. Defendant’s engineer and track supervisor were the only eyewitnesses,…