Kentucky Central R. R. v. Talbot
Court of Appeals of Kentucky
Case 126 — PETITION ORDINARY — APPEAL’ FROM BOURBON CIRCUIT COURT. 1. In an action against a railroad company alleging the negligent killing or injuring of stock, before a presumption of negligence on the part of the company can arise, proof that the company or its agents caused the injury must be clear and unmistakable. 2. The proof offered by appellant was more than sufficient to rebut the statutory presumption of negligence. 3. An instruction which does not tell the jury…
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Case 126 — PETITION ORDINARY — APPEAL’ FROM BOURBON CIRCUIT COURT. 1. In an action against a railroad company alleging the negligent killing or injuring of stock, before a presumption of negligence on the part of the company can arise, proof that the company or its agents caused the injury must be clear and unmistakable. 2. The proof offered by appellant was more than sufficient to rebut the statutory presumption of negligence. 3. An instruction which does not tell the jury by what they are to be governed, in arriving at the value of stock or the damages sustained, is erroneous. 1. The…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
This action was instituted by appellees to recover damages for the alleged negligent killing, by the engine or cars ■of appellant, of a Short-Horn bull, valued at $700. Judgment was for appellees in the sum of $500.
The evidence conduced to show that the bull was killed by some one of the train of cars operated by appellant on the night of May nth, 1878, and that he was worth from $500 to $700. Here the appellees rested their case, and appellant then introduced as witnesses all of its employés who were connected with the management and running of…
2Cited by21 opinions
- United States v. Homestake Min. Co.Court of Appeals for the Eighth Circuit · 1902
- Atchison, Topeka & Santa Fe Railway Co. v. GeiserSupreme Court of Kansas · 1904
- Mullen & Haynes Co. v. CrispCourt of Appeals of Kentucky · 1925
- Dolph v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1907
- Woodward v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1906
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