Durham v. . W. W. R. R. Co.

The plaintiff brought this action to recover damages of the defendant company for alleged negligence in killing a mule, the property of plaintiff. The facts of the case are substantially set out in the opinion of this court. His Honor intimated that the defendant had rebutted the presumption of negligence, if the facts should be found as stated by the witnesses, and in deference thereto the plaintiff took a nonsuit and appealed. The act of 1857 (Bat. Rev., ch. 16, § 11,) which makes the fact of killing prima facie evidence of negligence on the part of defendant, was intended as a protection…