Atlantic Coast Line R. Co. v. Fannin

The plaintiff’s mule was killed by being struck by one of defendant’s locomotives. The plaintiff having made out a prima facie case, the burden rested on defendant to acquit itself of negligence.

As defendant’s locomotive and train of 40 cars were approaching the point on its track where the plaintiff’s mule was killed, at a rate of speed variously estimated at from 20 to 40 miles per hour, and at which place was a side track upon which was standing a freight car and a fiat car loaded with logs, the plaintiff’s mule came from between the flat ears coming into the vision of defendant’s engineer…