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LOUISVILLE & NASHVILLE RAILROAD CO. v. McRAE

7 Div. 21.

253 So.2d 788 (1971)

LOUISVILLE & NASHVILLE RAILROAD CO., a Corporation v. Kenneth R. McRAE.

Court of Civil Appeals of Alabama.

October 20, 1971.

Attorney(s) appearing for the Case

Lange, Simpson, Robinson & Somerville and Lyman H. Harris, Birmingham, Wallace & Ellis, Columbiana, for appellant.

Head & Head, Columbiana, for appellee.

THAGARD, Presiding Judge.

The Railroad appeals from a judgment entered in favor of appellee McRae pursuant to a jury verdict rendered for the alleged negligent killing by the Railroad of five head of Holstein cattle, the property of McRae.

McRae met the burden of proving by circumstantial evidence that the Railroad killed the cattle; and by direct testimony of their value and that they were his property. The Railroad...

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