Atlantic & Birmingham Railway Co. v. Clute

There was no error in overruling tlie certiorari. The testimony of the defendant’s servants, if uncontradicted, would have rebutted the presumption of negligence which arose against the railroad company upon proof (though it was circumstantial) that the horse was killed by a train of the defendant company, and, had there been no further testimony, would have demanded a finding in favor of the defendant. A fact, however, can be proved by circumstantial evidence as well as by direct proof. The physical facts and circumstances in this case were sufficient to authorize the jury to disbelieve the…