Western & Atlantic Railroad v. Fowler

(After stating the foregoing facts.) The witnesses for the defendant who were asked about the cause of the derailment testified that they did not know the cause. Counsel for the defendant insists that the cause is unknown. The derailment of a locomotive and train is such an event as in the ordinary course of things would not have occurred if the defendant had used ordinary care. The petition alleged that the defendant was negligent in that said train, without the interference of a third party or outside agency, was caused to leave the tracks on which it was running and become wrecked beside…