Georgia Midland & Gulf Railroad v. Harris

Simmons, Justice.

Mrs. Harris sued the railroad company for damages, alleging that the company had killed three of her cows. The defendant admitted that the cows were killed by the running of its train, and undertook to remove the presumption east upon it by the law. The explanation of the defendant, by the railroad employes, was, that it was a dark, foggy night; that the cows could not have been seen more than twenty-five or thirty yards, on account of the mist that prevailed at the time; that the train was a passenger-train, and was running on schedule time, about twenty-five miles an hour;…