
    2704.
    Southern Railway Co. v. Edwards.
    Decided February 22, 1911.
    Action for damages; from city court of Floyd county — Judge Hamilton. May 18, 1910.
    
      George A. TT. Harris cG Bon, Maddox, McGamy cP Bhumaie, foi plaintiff in error.
    
      M. P>. Eubanks, IF, B. Mebane, contra.
   Russell, J.

The evidence offered by the defendant railroad company to rebut the legal presumption of negligence was itself contradicted, and the jury were authorized to infer from the facts in the ease that the killing of the mule might have been avoided by the exercise of ordinary diligence. Judgment affirmed.  