Louisville & Nashville Railroad v. Ernest

1. Ordinarily tlie presumption of negligence which arises against a railroad, company on proof of injury to personal property by the running of its train is a presumption only of the negligence alleged in the plaintiff’s petition, but where the suit was instituted in a justice’s court, and was based upon a summons, according to the practice in such courts, and there was no petition alleging any specific acts of negligence, the presumption will apply to, and therefore authorize a finding upon, any theoi-y of negligence deducible from the facts appearing from the evidence upon the trial (even…