Ohio & Mississippi Railway Co. v. Stribling

Appellee’s mare was struck by an excursion train of appellant running from Beardstown to Virginia, and so injured that she had to be killed, for which he recovered judgment on a verdict for $946.66.

It is conceded that as soon as the engineer saw her lie proceeded to use all the means in his power to stop the train and avoid the injury; but the charge, and the only charge of negligence on his part, was his failure to see her soon enough.

The accident occurred at a late hour of an uncommonly bright moonlight night in April, 1888. The track was level and straight for half a mile east of where it…