Legal Opinion

Atlantic & Gulf Railroad v. Griffin

Supreme Court of Georgia

Decided August 15, 1878PublishedCited by 3 opinions

Railroads. Presumptions. Onus prohandi. New trial. Before Judge Hansell. Brooks Superior Court. November Adjourned Term, 1877. Reported in the decision.

1Opinion of the Court

Warner, Chief Justice.

The plaintiff sued the defendant in the county court for killing his stock on its railroad. The county judge, under the evidence before him, rendered a judgment against the defendant for the sum of $41.75. The defendant sued out a eartiorcuri to the superior court, which, after hearing the same, affirmed the judgment of the county court. Whereupon the defendant excepted.

From the evidence contained in the record, we find no error in the judgment of the court. The burden of proof was on the defendant to make it appear that it had exercised all ordinary and reasonable care…

2Cited by3 opinions

  1. Western & Atlantic Railroad v. JonesSupreme Court of Georgia · 1880
  2. Georgia Railroad v. FiskSupreme Court of Georgia · 1880
  3. Savannah, Florida & Western Railway v. StewartSupreme Court of Georgia · 1883

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