Louisville and Nashville Railroad Co. v. Martin

THAGARD, Presiding Judge.

On the afternoon of October 26, 1968, appellant railroad, while operating a train from Montgomery to Birmingham, allegedly hit and killed seven cows belonging to appellee Roy Martin. The testimony in the trial court revealed that the train was traveling from Montgomery to Birmingham *373and before leaving Montgomery the train liad successfully passed a federal brake inspection. According to Mr. C. S. Hawkins, the locomotive engineer, he first ob,-served the cattle, four in number, about one fourth of a mile or less away on the railroad track. He also testified that upon…