Atlantic Coast Line Railroad v. Strickland
Supreme Court of Georgia
Action for damages. Before Judge Parker. Ware superior court. May 13, 1905. This action was on account of the killing of cattle by a train on the defendant’s railroad. The evidence for the plaintiff was such as to raise the statutory presumption of negligence against the defendant. In rebuttal the engineer and the fireman were introduced. According to the testimony of the fireman, he was at work and knew but little about the injury.
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Action for damages. Before Judge Parker. Ware superior court. May 13, 1905. This action was on account of the killing of cattle by a train on the defendant’s railroad. The evidence for the plaintiff was such as to raise the statutory presumption of negligence against the defendant. In rebuttal the engineer and the fireman were introduced. According to the testimony of the fireman, he was at work and knew but little about the injury. The engineer testified, substantially, that the train was a passenger-train, running about 60 miles an hour, well equipped throughout with the best air-brake…
1Opinion of the CourtAtkinson, J.
Under the evidence, an issue of fact was clearly made. The engineer estimated that the cattle were seen at a distance of 100 yards, while the plaintiff’s witness testified that the distance by actual measurement was 410 yards. Thus the conflict of testimony was not as to the opinion of plaintiff’s witness as to distance, as was the case in Central Ry. Co. v. Waxelbaum, 111 Ga. 812. The plaintiff’s witness observed the place where the train was at the time it blew the signal. Beginning at that point on the track, he measured the distance to the place where the cattle were struck by the train.…
2Cases cited1 opinion
- Central of Georgia Railway Co. v. Waxelbaum & Co.Supreme Court of Georgia · 1900
3Cited by7 opinions
- Central of Georgia Railway Co. v. GraceCourt of Appeals of Georgia · 1932
- Georgia Southern & Florida Railway Co. v. WilsonCourt of Appeals of Georgia · 1955
- GA. SOUTHERN &C. RY. CO. v. WilsonCourt of Appeals of Georgia · 1955
- Southern Railway Co. v. RundleCourt of Appeals of Georgia · 1927
- Atlantic Coast Line Railroad v. WillisCourt of Appeals of Georgia · 1931
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