Western & Atlantic Railroad v. Clark

The presumption of negligence arising against the railroad company from proof of the killing of the animal by defendant’s train was completely met and overcome by evidence for the defendant, that there was a curve in the track where the 'animal was killed, obscuring the view up the track, that the engineer and fireman were looking ahead and could not have seen the animal earlier than it was seen, and that, after discovering its presence on or near the track, the engineer did everything that could be doné to prevent the killing. In view of the positive character of the testimony for the…