Ferrell v. Norfolk Southern Railroad

Stacy, C. 'J.

There is no error appearing on the record with respect to the damages awarded for plaintiff’s cattle, hogs, and turkeys injured or killed by the defendant’s engines or cars more than six months prior to the institution of the action, but in regard to the amount awarded for livestock injured or killed within six months next immediately preceding the institution of the action, we think the trial court erred in charging the jury that, under C. S., 3482, “there is a presumption of negligence, and the burden is on the railroad company to rebut the presumption.” The language of the…