Howard & Herrin v. Nashville, C. & St. L. Ry. Co.

A dog, walking slowly south on the fenced track of the railroad company, in broad daylight, meeting and failing to yield the right of way to a heavy northbound passenger train, was struck and killed. The suit was brought to recover $1,000 as his value. He was a foxhound on the scent, and his extraordinary value rests largely on a characteristic exemplified by the manner of his death — he could neither be cajoled nor intimidated to leave the track — was removable only by superior physical force, which in this case he deliberately encountered.

The train was rounding off of a high bank above a…