Boshell v. Illinois Cent. R. Co.

Plaintiff’s colt was killed by defendant’s train, and she sues to recover for its loss. The cause was tried before the court without a jury on oral proof, resulting in a judgment for defendant. The finding of the trial judge on the facts, therefore, is to be accorded the weight of a jury verdict. Yancey v. Denham, 211 Ala. 138, 99 So. 851; McNaron v. McNaron, 210 Ala. 687, 99 So. 116.

The witnesses for plaintiff established the fact the colt was killed by defendant’s train, and this sufficed to shift the burden to defendant to show that the killing was not negligently done. Louisville & N. R.…