LOUISVILLE & NASHVILLE RAILROAD COMPANY v. YATES

2 Div. 866.

81 So.2d 620 (1955)

LOUISVILLE & NASHVILLE RAILROAD COMPANY v. Henry J. YATES.

Court of Appeals of Alabama.

Rehearing Denied April 12, 1955.


Attorney(s) appearing for the Case

Pettus, Fuller, Reeves & Stewart, Selma, and Steiner, Crum, & Baker, Montgomery, for appellant.

Theodore L. Wade, Selma, for appellee.


PRICE, Judge.

Plaintiff sued to recover damages for the killing of his white faced Hereford cow by one of defendant's trains. Judgment was rendered in his favor in the lower court, his damages being assessed at $275. Defendant appeals.

The evidence is without dispute that at 9:00 p. m. on November 19, 1951, defendant's locomotive, traveling South from Selma en route to Flomaton, struck and killed plaintiff's cow, at a short trestle near Swinks crossing in...

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