Louisville Nashville Railroad Co. v. Harper

PRICE, Judge.

The plaintiff, J. C. Harper, Jr., sued to recover damages for the alleged negligent killing of his cow by one of defendants trains. Judgment was rendered for plaintiff, his damages being assessed at $150.. Defendant appeals.

*637The evidence introduced on plaintiff’s behalf tended to show that at about 2 o’clock in the afternoon of December 28, 1956, defendant’s locomotive struck plaintiff’s black Angus cow, valued at $150, causing her death. The plaintiff’s pasture land was adjacent to defendant’s right-of-way and the roadbed was slightly higher than the surrounding terrain.

Plaintiff’…