Central of Georgia Railway Co. v. Duggan
Supreme Court of Georgia
Certiorari. Before Judge Seabrook. Effingham superior court. May 8, 1905. Duggan sued the railway company, in a justice’s court, for damages on account of the killing of a calf by a train on the defendant’s railroad. At the trial he testified that he found his calf lying at the side of the railroad after the train had passed, and that apparently it had just been killed. The defendant admitted the killing and the value of the calf.
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Certiorari. Before Judge Seabrook. Effingham superior court. May 8, 1905. Duggan sued the railway company, in a justice’s court, for damages on account of the killing of a calf by a train on the defendant’s railroad. At the trial he testified that he found his calf lying at the side of the railroad after the train had passed, and that apparently it had just been killed. The defendant admitted the killing and the value of the calf. A witness introduced by the defendant testified: “I am an engineer on the Central of Georgia Railway. I was running the engine of the passenger-train that killed…
1Opinion of the CourtEvans, J.
The facts of this case bring it within.the decision announced in Central Ry. Co. v. Neidlinger, 110 Ga. 329, wherein this court ruled that where stock is killed, not at a- public-road crossing, but some distance beyond, and the stock suddenly came on the track at a point so nearly in front of the locomotive that, notwithstanding all possible efforts, the progress of the train could not be arrested before the stock was struck, the owner could not recover of the railway company in a suit for damages, although it appeared that in approaching the crossing the engineer did not observe the…
2Cases cited1 opinion
- Central of Georgia Railway Co. v. NeidlingerSupreme Court of Georgia · 1900