Louisville & Nashville Railroad Co. v. Faulkner

STANLEY, Commissioner.

We have a motion for an appeal from a judgment for $200 in an action by the ap-pellee, Mrs. J. F. Faulkner, to recover the value of a mule killed by one of the appellant’s trains. The case was submitted to the court upon the mere stipulation that the mule, of the value of $200, had strayed from the plaintiff’s premises about a mile from the place on the track where it was struck and killed. The judgment is based on the fact that the defendant had not offered evidence to rebut the presumption of negligence created by that part of § 277.330, Kentucky Revised Statutes,…