Central Railroad & Banking Co. v. Bryant
Supreme Court of Georgia
Railroads. Damages. Negligence. Nonsuit. Husband and wife. Evidence. Before Judge Jenkins. Jones superior court. October term, 1891. The plaintiff sued the railroad company for damages from the killing of two mules, and recovered a verdict for $50. The defendant excepted to the overruling of its motion for a nonsuit, and of its motion for a new trial. .The testimony of the plaintiff' was as follows: Lost two mules 28th January, 1891; found them on the morning of January…
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Railroads. Damages. Negligence. Nonsuit. Husband and wife. Evidence. Before Judge Jenkins. Jones superior court. October term, 1891. The plaintiff sued the railroad company for damages from the killing of two mules, and recovered a verdict for $50. The defendant excepted to the overruling of its motion for a nonsuit, and of its motion for a new trial. .The testimony of the plaintiff' was as follows: Lost two mules 28th January, 1891; found them on the morning of January 29th, lying dead by the railroad about eight or ten feet from the track, one on either side; saw them the night before;…
1Opinion of the Court
*457 Judgment reversed.
The testimony for the defendant tended to show that the killing of the mules was an unavoidable accident. The grounds for nonsuit were, that as to the bay mule the case should be dismissed because it appeared not to be the plaintiff’s property; and that the testimony failed to show that the mules had been killed by the defendant’s cars. The grounds for new trial, in addition to those alleging that the verdict is contrary to law and evidence, are: The court refused to permit the engineer to answer the question, “What could you have done with the appliances at hand on the…
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