Appeal from Superior Court of Kentucky
Messer Vs. E, L, and B. S. R. R. CO.
ACTION: Reversed
Superior Court of Kentucky
MESSER
v.
E., L., AND B. S. R. R. CO.
Filed May 25, 1887.

While, in an action against a railroad company for the killing of stock, the uncontradicted or impeached testimony of the employes of the company, showing that there was no negligence, rebuts the statutory presumption, it cannot be said that the defendant has shown that there was no negligence when it fails to prove many of the material facts and circumstances attending the injury or killing of the stock peculiarly within the knowledge of its employes, and from which the jury might be able to draw a conclusion as to whether the injury or killing was the result of negligence or was unavoidable, such, for instance, as the rate of speed at which the train was running, the speed at which the stock was going as compared with that of the train, etc.

Opinion of the court by Judge BARBOUR, reversing.



APPEAL TWO
Appeal from Superior Court of Kentucky
Elizabethtown RR Vs. Messer
ACTION: Affirmed
Superior Court of Kentucky.
ELIZABETHTOWN, ETC., R. R. CO.
v.
MESSER.
Filed Dec. 4, 1889.

Opinion of the court by Judge WARD, affirming.
Instructions to jury--It is not the duty of the circuit judge in civil actions to give the whole law of a case to the jury. An instruction asked by the one party or the other, if correct, so far as it goes, may be given, though it does not present the whole law of the case.



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