Louisville Nashville Railroad Company v. Yates

PRICE, Judge.

Plaintiff sued to recover damages for the killing of his white faced Hereford cow by one of defendant’s trains. Judgment was rendered in his favor in the lower court, his damages being assessed at $275. Defendant appeals.

The evidence is without dispute that at 9 :00 p. m. on November 19, 1951, defendant’s locomotive, traveling South from Selma en route to Flomaton, struck and killed plaintiff’s cow, at a short trestle near Swinlcs crossing in Dallas County. Defendant’s right of way at this point is bounded on the east and west by plaintiff’s pasture lands and is separated…