Louisville & Nashville Railroad v. Brown
Court of Appeals of Kentucky
Case 55 — PETITION ORDINARY APPEAL FROM BARREN CIRCUIT COURT. 1. This action is prosecuted under sections 4, 5, 6, and 7 of chapter 57, General Statutes.
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Case 55 — PETITION ORDINARY APPEAL FROM BARREN CIRCUIT COURT. 1. This action is prosecuted under sections 4, 5, 6, and 7 of chapter 57, General Statutes. The statute makes the bare fact of the killing of stock by the railroad company’s train prima fade evidence of negligence and carelessness; therefore the fact of the killing of the mare in this case being admitted in the answer, the appellant had the burden of proof to show that the killing was not the result of negligence or carelessness, and was entitled to the conclusion in the argument before the jury. (Civil Code, sec. 317.) 2. The…
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion of the court.
Appellee Brown’s mare having been run over and killed *477by the cars of appellant, he proceeded, as required by the 6th section of chapter 57 of the General Statutes, to have the value of the mare ascertained by a board of appraisers; and the company failing for a period of sixty days to pay him the assessed value of his property and one half the cost, as required by section 7 of the same act, he brought this suit for their recovery, and his verdict for $200 and judgment for $250 is here for revision at appellant’s instance.
The correctness of the…
2Cited by3 opinions
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- Givens v. BerkleyCourt of Appeals of Kentucky · 1900
- Hines v. KoughCourt of Appeals of Kentucky · 1920