
    D. D. COBURN v. ATLANTIC COAST LINE RAILROAD COMPANY, a Corporation.
    (Filed 24 September, 1947.)
    Railroads § 11—
    Tbe provisions of G. S., 60-81, making the killing of livestock by the engine or cars running upon any railroad prima, facie evidence of negligence in an action against the railroad company for damages, do> not apply unless the action is brought within six months after the cause of action accrues, and in this case evidence of negligence without the benefit of such presumption is held, insufficient.
    Appeal by plaintiff from Burgwyn, Special Judge, at April Term, 1947, of MaetiN.
    Civil action instituted 1 November, 1946, to recover damages for bogs killed, two on 31 December, 1945, and two on 17 January, 1946, by trains of defendant as result of alleged actionable negligence of defendant, Avhieh allegations of negligence are denied by defendant.
    In tbe trial court plaintiff offered evidence in an effort to make out a case of actionable negligence. Defendant also offered evidence. Tbe court sustained motion for judgment as in case of nonsuit at close of all tbe evidence.
    Plaintiff appeals to Supreme Court and assigns error.
    
      
      B. L. Coburn for plaintiff appellant.
    
    
      Bodman & Bodman for defendant appellee.
    
   Per Curiam.

Tbe benefit of tbe provisions of tbe statute, G. S., 60-81, making tbe killing of cattle and other livestock by tbe engine or cars running upon any railroad prima facie evidence of negligence on tbe part of tbe railroad company in any action for damages against such company is unavailable to plaintiff, since tbe statute further provides that no person shall be allowed tbe benefit of its provisions unless be shall bring bis action within six months after bis cause of action shall have accrued. Plaintiff concedes this. This being so, tbe evidence offered on tbe trial of this action taken in light most favorable to plaintiff fails to make out a case of actionable negligence. Hence, tbe judgment below is

Affirmed.  