Missouri Pac. R.R. Co., Thompson, Tr. v. Penny

We determine whether appellant’s evidence was sufficient to overcome the statutory presumption of negligence 1 arising from the fact that the dead body of appellee’s son was found beside the railroad.

George Penny was killed August 7, 1936. His body was found outside the rails in such condition that reasonable minds would agree he had been killed by a train. For a distance of 25 or 30 feet blood and particles of flesh were found. The track where the tragedy occurred is straight for half a mile in each direction and passes through a wooded area. The right-of-way is inclosed. There is no…