Georgia Railroad v. Cox
Supreme Court of Georgia
Railroads. Roads and bridges. Before Judge Hall. Newton Superior Court. March Term, 1878. Cox brought case against the railroad company for damages resulting from the killing of a mule. The defendant pleaded the general issue.
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Railroads. Roads and bridges. Before Judge Hall. Newton Superior Court. March Term, 1878. Cox brought case against the railroad company for damages resulting from the killing of a mule. The defendant pleaded the general issue. The evidence, so far as material, disclosed that the mule was killed by a passing train at or near the crossing of a private way; that the public road formerly crossed at that point, but was discontinued some years before the injury; that though there was still a crossing at that point, it was in bad condition, seldom used, and then only for plantation purposes. ■ The…
1Opinion of the Court
Bleckley, Justice.
Possibly there may be more reasons than one for pronouncing the charge of the court erroneous; but one good reason is enough to condemn the charge, and that such a reason exists is absolutely cei’tain. Section 706 of the Code is in these words: “ All railroad companies shall keep in good order, at their expense, the public roads or private ways established pursuant to law, where crossed by their several roads, and build suitable bridges and make proper excavations or embankments, according to the spirit of the road laws.” The next section declares what territorial extent…
2Cited by3 opinions
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- McCoy v. Central of Georgia Railway Co.Supreme Court of Georgia · 1908
- Comer v. ShawSupreme Court of Georgia · 1896