Johnson v. Atlantic Coast Line R. Co‪.‬

June 26, 1950. This action was brought to recover the sum of $80.00, the value of two calves which respondent alleged were killed by the negligent operation of one of appellant's trains. Appellant entered a general denial except as to the formal allegations of the complaint. The case was tried before a magistrate and jury. At the conclusion of the evidence, the magistrate directed a verdict for appellant upon the ground that the presumption of negligence arising from the killing of the calves was completely rebutted by the uncontradicted testimony of the employees of the railroad company. On appeal by respondent to the Circuit Court, it was held that the magistrate erred in directing a verdict and that the question of negligence should have been submitted to the jury. The Circuit Judge, while conceding that ""there was no direct evidence of negligence"" on the part of appellant, concluded that the presumption of negligence arising from the proof of the fact that the calves were killed by the train should be given the force of evidence to be weighed against the testimony of the railroad employees. On this appeal by the railroad company from the order of the Circuit Judge granting a new trial, it is contended that there was no evidence of negligence to be submitted to the jury and that the view adopted by the Circuit Judge contravenes the constitutional guaranty of due process and equal protection of the laws.