129 Ala. 483 | Ala. | 1900
- The witness for defendant, Adams, testified, that he was defendant’s section foreman, and had charge of the north track on said embankment, and kept the same in order; that the north track was kept in order by the defendant, and the south track by the Southern Railway Company; that going along the track, on the morning of the 30th August, 1898, he saw a cow lying dead at the foot of the embankment, and saw mark® showing that she had rolled from its top; that the cow' was hit by a' train going east on the north track; that at that point there was a curve of about 5 degrees, and going east, an engineer could see the track opposite where the cow was lying, about 100 yards before reaching her. He also testified, that the public road crossed the track on this curve, There was no evidence as to
The court did not err in rendering judgment in favor of plaintiff.
Affirmed.