Seaboard Air Line Railway Co. v. Grimes
Seaboard Air Line Railway Co. v. Grimes
Opinion of the Court
This writ of error was taken to a judgment awarding $200.00 double damages and $62.00 as attorney fees for a cow lulled by a train. There appears to -be no evidence to sustain an apparently excessive allowance of *39 attorney fees, and it is not clear that a failure to comply with the legal requirements of the statute as to fencing railroad tracks was a proximate cause of the killing of the cow so as to warrant a recovery of double damages.
The cow was between the main line and a side track eating melons dropped where cars were loaded with melons, and went on the track in front of an approaching train at a flag station where side tracks were used for loading melons, etc.
Under the circumstances the judgment should be and is reversed for a new trial.
Reference
- Full Case Name
- Seaboard Air Line Railway Company, a Corporation, Plaintiff in Error, v. W. C. Grimes, Defendant in Error
- Cited By
- 2 cases
- Status
- Published