Smith v. Thompson

HAMITER, Judge.

A passenger train operated by employees of defendant struck and killed two mules belonging to plaintiff during the night of October 24, 1937, and the latter seeks in this proceeding to recover their value. The property loss occurred on defendant’s right of way in open country at a point in Caldwell Parish, Louisiana, known as Ouachita Spur, which is a short distance south of the town of Riverton. Defendant denies responsibility for their death, and particularly asserts that no negligence attended the train’s operation at the time of the striking of the animals.

There was…