Owen v. Southern Ry. Co.

FOSTER, J..

Usually the duty owing by the operatives of a train of- cars to an animal on' the.track is not discharged by a proper equipment and operation of the train, and the diligent and skillful use of the appliances to avoid the injury after a discovery of the presence of the animal on the track, as hypothesized in given charges 5 and 8, but it is the duty of the engineer to keep such constant lookout for animals on the track as is consistent with the performance of his other duties. Cent. of Ga. Ry. Co. v. Stark, 126 Ala. 365, 28 So. 411; Cent. of Ga. Ry. Co. v. Dumas, 131 Ala. 172, 30…