Macon, Dublin & Savannah Railroad v. Stewart
Supreme Court of Georgia
Action for damages. Before Judge Burch. City court of Dublin. April 24, 1905.
1Opinion of the CourtCobb, P. J.
1. In. a suit for damages against a railroad company for the killing of stock, the engineer of the defendant should be permitted to testify to what he did in order to prevent the injury, and leave to the jury the determination of the question whether in doing the acts detailed he did everything to prevent the injury which ordinary diligence required. Testimony of such an engineer that he could have done no more than lie did to stop the train before striking the animals was a mere conclusion of the witness, and was inadmissible as evidence. Central Ry. Co. v. Bagley, 121 Ga. 781 (3), and cit.;…
2Cases cited2 opinions
- Central Railroad v. DeBraySupreme Court of Georgia · 1883
- Central of Georgia Railway Co. v. BagleySupreme Court of Georgia · 1905
3Cited by8 opinions
- Cone v. DavisCourt of Appeals of Georgia · 1941
- Brown v. Five Points Parking CenterCourt of Appeals of Georgia · 1970
- Sarman v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1924
- Seaboard Air-Line Railway v. BishopSupreme Court of Georgia · 1909
- Earl v. EdwardsCourt of Appeals of Georgia · 1968
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