Southern Railway Co. v. Rundle

In this action, brought in a justice’s court, against the railway company, to recover damages for the alleged negligent killing of the plaintiff’s bird-dog, the defendant filed its answer, and the case was then appealed by consent to the superior court. At the trial, after a prima facie case had been made for the plaintiff, the defendant sought to remove the presumption of negligence by proof that its agents and emplo)rees had exercised “all ordinary and reasonable care and diligence.” Civil Code (1910), § 2780. The locomotive engineer testified: “I saw the dog, after passing the bluff on the…