Atlantic Coast Line Railroad Company v. Adams

PRICE, Judge.

Plaintiff sued to recover damages for the killing of her cow by one of defendant’s trains. Judgment was rendered in her favor in the lower court and her damages assessed at $100. Defendant appeals.

On the trial the parties stipulated that on October 12, 1950, a milch cow, the property of plaintiff, was run into and killed by a train operated by defendant on its tracks near Cairo in Jefferson County, Alabama. It was further stipulated that the reasonable market value of the cow was $100.

Thus a prima facie case was established for plaintiff and the burden shifted to defendant to…