St. Louis, Iron Mountain & Southern Railway Co. v. Kimberlain

This is an appeal from a judgment against the defendant for damages for killing a cow belonging to plaintiff. The cow was struck and killed by a passenger train on the 19th day of April, 1902. The train was passing at the rate of forty miles an hour through the town of Tuckerman early in the morning of that day, and the cow came from behind an ice house .about twenty or thirty feet from the track. The engineer testified that he did not and could not see the cow until it cam.e from behind the ice house going towards the track, and that it was then too late to do anything to avoid striking it.…