St. Louis-San Francisco Railway Co. v. Harmon

This appeal is from a judgment in ap-pellee’s favor for the value of a dog which was killed by one of appellant’s trains. No witness who testified on behalf of appellee saw the dog struck, but the testimony on appellee’s behalf was sufficient to. support the finding that the dog had been run over by a train, and appellee relied upon the statutory presumption of negligence arising from the fact that a train had struck the dog. The question for decision is therefore whether the undisputed testimony overcomes this presumption. We think it does.

The only witness who 'knew how the train came to…