Seaboard Air-Line Railway v. Parish
Court of Appeals of Georgia
Certiorari; from Bryan superior court — Judge Sheppard. December 3, 1914. Parish sued the Seaboard Air-Line Railway in a justice’s court for $24.50 as damages on account of the “killing of one steer on July 30, 1914, valued at $20; the killing of one hog on August 4, 1914, of the value of $3; and the killing of one hog which was drowned on August 5, 1914, in the well of the Seaboard Air-Line Railway, valued at $1.50.” On the trial of the ease on appeal in the justice’s…
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Certiorari; from Bryan superior court — Judge Sheppard. December 3, 1914. Parish sued the Seaboard Air-Line Railway in a justice’s court for $24.50 as damages on account of the “killing of one steer on July 30, 1914, valued at $20; the killing of one hog on August 4, 1914, of the value of $3; and the killing of one hog which was drowned on August 5, 1914, in the well of the Seaboard Air-Line Railway, valued at $1.50.” On the trial of the ease on appeal in the justice’s court, the verdict was in favor of the plaintiff, for the full amount sued for. The defendant sued out certiorari, alleging…
1Opinion of the CourtBroyles, J.
1. In a suit against a railroad company for killing stock by the running of its locomotive and ears, where there was evidence that the animal had for some time been feeding near the track, that the track at this point was straight and the country fiat, without any bushes or deep ravines, that when the animal started to cross the track the train did not slacken its speed, and that no whistle was blown or bell rung, it was a question for the jury to determine whether the railroad had successfully rebutted the presumption of negligence which arose . after the animal had been killed by one of its…
Also in this document: Dissent.
2Cases cited9 opinions
- Wade v. WatsonSupreme Court of Georgia · 1909
- Augusta Southern Railroad v. CarrollCourt of Appeals of Georgia · 1909
- Western & Atlantic Railroad v. SmithCourt of Appeals of Georgia · 1914
- Farmers Bank v. Johnson, King & Co.Supreme Court of Georgia · 1910
- Georgia & Alabama Railway Co. v. CookSupreme Court of Georgia · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McKenzie v. PowellCourt of Appeals of Georgia · 1942
- Weatherington v. Georgia Southern & Florida Railway Co.Court of Appeals of Georgia · 1916