Atlantic Coast Line Railroad v. Powers

In a suit for the value of four cows, admitted to have been killed by the operation of the defendant railroad’s train, the evidence showed: that the cows were first seen at about the same time and from the same distance by the defendant’s engineer and by the plaintiff’s brother, who was driving a truck along a highway parallel to the railroad, in the same direction as the train but at a slower speed; that the cows were not then on the tracks but were standing in safety, either on the left side of the tracks or on both sides; that, when the cows later began to move toward the tracks, the…