Georgia Railway & Electric Co. v. Blacknall
Supreme Court of Georgia
Action for damages. Before Judge Calhoun. City court of Atlanta. February 10, 1904. According to the testimony for the plaintiff, her horse and a wagon to which it was attached were in the street, standing as near as possible to the curbstone of the sidewalk, his head down and fronting south, when an electric car going north approached very rapidly.
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Action for damages. Before Judge Calhoun. City court of Atlanta. February 10, 1904. According to the testimony for the plaintiff, her horse and a wagon to which it was attached were in the street, standing as near as possible to the curbstone of the sidewalk, his head down and fronting south, when an electric car going north approached very rapidly. About the time it was opposite the horse, the motorman of the car rang a gong, and the horse suddenly threw up his head, turning it slightly toward the car,.and was struck on the side of his head by a hand-bar attached to the car, and in-' stantly…
1Opinion of the CourtCandlek, J.
1. As has been repeatedly ruled by this court, it is not cause for a new trial that the judge, in giving in charge a pertinent and applicable principle of law, failed to charge in connection therewith some other principle equally pertinent and applicable. Accordingly, after verdict in an action for damages for the alleged 'negligent killing of the plaintiff’s horse by a street-railway company, a new trial will not be granted because the court charged that when the plaintiff showed that the horse was killed by the car of the defendant, the burden would then be shifted to the defendant to show…
2Cases cited17 opinions
- Mayor of Milledgeville v. WoodSupreme Court of Georgia · 1901
- Brunswick & Western Railroad v. WigginsSupreme Court of Georgia · 1901
- Central Railroad & Banking Co. v. NewmanSupreme Court of Georgia · 1894
- Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Alabama Midland Railway Co. v. GuilfordSupreme Court of Georgia · 1904
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3Cited by1 opinion
- Muskogee Electric Traction Co. v. ThompsonSupreme Court of Oklahoma · 1924