Central Railroad v. Summerford
Supreme Court of Georgia
Negligence. Stock law. Railroads. Charge of court. Verdict. Before Judge Fort. Lee superior court. November term, 1890. Summerford obtained a verdict against the railroad company for damages from the killing of his horse by the runuing of its train ; and a motion for a new trial on the grounds indicated in the decision was denied. The horse was struck by the engine and killed on the 14th of February, 1889. A local stock law was in operation all over the county.
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Negligence. Stock law. Railroads. Charge of court. Verdict. Before Judge Fort. Lee superior court. November term, 1890. Summerford obtained a verdict against the railroad company for damages from the killing of his horse by the runuing of its train ; and a motion for a new trial on the grounds indicated in the decision was denied. The horse was struck by the engine and killed on the 14th of February, 1889. A local stock law was in operation all over the county. The engine was pulling thirteen freight-cars and three passenger-coaches. On the engine and tender were air-brakes, and on the…
1Opinion of the Court
Bleckley, Chief Justice.
1. The code, in section 3033, declares that a railroad company shall be liable for any damage done to stock or other property by the running of the locomotives or cars, unless the company shall make it appear that their agents have exercised all ordinary and reasonable care and diligence, the presumption in all cases being against the company. This rule of diligence was not modified or altered by subsequent legislation known as the stock law. Central R. R. v. Hamilton, 71 Ga. 461. With or without the stock law, the degree of diligence required of railroad companies is…
2Cases cited2 opinions
- Central Railroad & Banking Co. v. RylesSupreme Court of Georgia · 1890
- Central Railroad v. HamiltonSupreme Court of Georgia · 1883
3Cited by5 opinions
- Southern Railway Co. v. CunninghamSupreme Court of Georgia · 1905
- Tennessee, Alabama & Georgia Railway Co. v. AndrewsCourt of Appeals of Georgia · 1968
- Atlantic Coast Line Railroad v. ScottCourt of Appeals of Georgia · 1957
- Aycock v. CallawayCourt of Appeals of Georgia · 1948
- Seaboard Air-Line Railway v. CollierSupreme Court of Georgia · 1903