New Orleans, Mobile & Texas Railroad v. Toulmé
Mississippi Supreme Court
Appeal from the Circuit Court of Hancock County. Hon. J. S. Hamm, Judge. The appellee sued the appellant for damages for killing his horse by negligence in running its locomotive through the city of Bay St. Louis.
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Appeal from the Circuit Court of Hancock County. Hon. J. S. Hamm, Judge. The appellee sued the appellant for damages for killing his horse by negligence in running its locomotive through the city of Bay St. Louis. Having shown that the animal escaped, from the stable, and was found, after a passenger train passed, near the railroad track, with its leg broken and hoof torn off, and that marks of blood, with hair from its mane and tail, were along the track for more than twenty yards, the plaintiff proved that the animal, which was worth one hundred dollars, was killed by the railroad stock…
1Opinion of the CourtChaemees, C. J.
If the animal killed in this case was stricken by the train *288of the railroad company at all (a question to be presently considered), it is admitted that it took place within the incorporated limits of the city of Bay St. Louis, and that instantly before the collision the train was moving at a greater rate of speed than six miles per hour. It is contended, however, that inasmuch as when the animal was observed the speed was instantly checked, so that at the moment of collision the rate of speed was less than six miles per hour, section 1047 of the Code of 1880, which makes railroad companies…
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