Legal Opinion
Macon, Dublin & Savannah Railroad v. Hamilton
Court of Appeals of Georgia
Decided April 24, 1911No. 2901PublishedCited by 8 opinions
Certiorari; from Montgomery superior court — Judge. Martin. July 22, 1910.
1Opinion of the Court
Him, O. J.
A cow, grazing near the railroad track, suddenly ran on the track a few feet in front of an engine and cars running 25 or 30 miles-an hour, and was killed. The undisputed1 evidence of the engineer and fireman fully rehutted the statutory presumption of negligence' against the company, and there was no fact or circumstance indicating negligence. The judgment of the justice of the peace against the company was without evidence and contrary to law, and the judge of the Superior court should have sustained' the certiorari. Macon, Dublin & Savannah R. Co. v. Wood, 3 Ga. App. 197 (59 S.…
2Cases cited4 opinions
- South Carolina & Georgia R. R. v. PowellSupreme Court of Georgia · 1899
- Macon, Dublin & Savannah Railroad v. WoodCourt of Appeals of Georgia · 1907
- Southern Railway Co. v. HarrellSupreme Court of Georgia · 1904
- Southern Railway Co. v. PuryearCourt of Appeals of Georgia · 1907
3Cited by8 opinions
- Jones v. BurtonSupreme Court of Georgia · 1977
- Atlantic Coast Line Railroad v. MartinCourt of Appeals of Georgia · 1949
- Atlantic Coast Line Railroad v. WhitakerCourt of Appeals of Georgia · 1911
- Atlantic Coast Line Railroad v. CoxCourt of Appeals of Georgia · 1912
- Alabama Great Southern Railroad v. CrispCourt of Appeals of Georgia · 1926
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