Fitch v. Louisville & Nashville R. R.

Sneed, J.,

delivered tbe opinion of tbe court:

Tbe action is to recover damages for stock killed by defendant in running its train. Tbe verdict and judgment were for tbe plaintiff for tbe value of tbe stock. Upon tbe trial tbe deposition of defendant’s engineer was read to the jury. He testified that the accident occurred at night *677when tbe train was running 23 to 25 miles per hour; that be discovered tbe cattle on tbe track about 35 to 45 yards before tbe train; that on such a night, it being a bright night, and at such a speed, tbe headlight would not discover an object further than that…