Western & Atlantic Railroad v. Treadaway

Jordan, Judge.

The evidence adduced on the trial of the case showed that the cows were killed about 7:20 p.m. on October 14, 1959, that it was dark and raining, and that the track at the place of the killing was straight. The engineer in charge of the train, testified that it was running about 60 miles per hour; that he was looking ahead and did not see the cows until they were about 300 feet, more or less, from them; that he *512first saw an object and applied the brakes,, and then .saw- that it-was cattle and commenced blowing the whistle, and the cows commenced running; that the train struck…