Armstrong v. Louisville and Nashville Railroad Co.

STAKELY, Justice.

On the issue of negligent operation of the train the jury in the trial in the circuit court found for the defendant. The Court *114-'of Appeals reversed this finding, holding that the plaintiff was entitled to the affirmative charge. We interpret the opinion of the Court of Appeals as holding that the 'evidence was not sufficient to overcome the presumption arising under § 173, Title 48, • Code of 1940, the injury to the cow being shown. We do not agree.

It is well to note that the train, the mechanical equipment of which was in good working order, was being operated by an…