Powell v. American Sumatra Tobacco Company

ADAMS, J.:

A judgment was recovered against appellants for the negligent operation of a train which resulted in the killing of appellees’ cows.

We are asked to reverse the judgment because the trial judge charged the jury that there was a statutory (Sec. 768.05, F.S.A. ’41) presumption of fact against the railroad where the damage was shown to have been inflicted by the operation of the train. Appellants rely on our opinion in A.C.L. R.R. Co. v. Voss; A.C.L. R.R. Co. v. Redemptorists, 136 Fla. 32, 186 So. 199, and Loftin, et al., v. Skelton, 152 Fla. 437, 12 So. (2nd) 175.

Appellees recognize…