Louisville N. R. Co. v. Dumas

The plaintiff, appellee, was accorded judgment ¿gainst the appellant for the negligent killing of plaintiff’s cow.

The complaint was not subject to the demurrer.

The cow was killed by a locomotive of the defendant. Under the statute (Code, § 5473) the burden of proof to negative negligence as the proximate cause of the animal’s death was upon the defendant. The material issues presented inquiries due to be submitted to the jury’s determination; and hence the defendant was not' erroneously refused the general affirmative charge in its favor. So, unless error intervened through rulings on the…