Atlantic Coast Line Railroad v. Willis

(After stating the foregoing facts.)

1. It is a matter of common knowledge that the overpass bridges are so enclosed at the sides that cattle are not likely to fall off and be killed. The evidence authorized the inference that the cow was killed by a train of the defendant company; and this is true notwithstanding the rule that where a complaint is founded upon a failure to establish and maintain guard-rails, it is usually a jury question as to whether the absence of such rails should be accounted as negligence on the part of the defendant. Georgia Railroad &c. Co. v. Mayo, 92 Ga. 223 (17 S.…