Crawford v. Southern Railway

Opinion of the Court by

Judge Nunn —

Reversing.

This action was brought under section 809 of the Kentucky Statutes, to recover the value of a horse killed by the railway company. It was admitted that the horse was killed by a train, but the engineer and fireman in charge of the train, testified that it was a heavy train; that it was traveling fast; that they were keeping a lookout; that when they first discovered the horse they shut the steam off and tried to stop the train but could not do so before they struck the horse as they were .so near to it. Under the section of the statute above cited,…