Georgia Railroad & Banking Co. v. Wall
Supreme Court of Georgia
Railroads. Negligence. Presumptions. Verdict. Before Judge Jenkins. Baldwin superior court; July term, 1887. Action for damages for killing a mule and disabling two others by defendant’s train running through’ plaintiff’s plantation. The evidence for the. plaintiff was, in brief, as follows: One morning, one of the mules was found with one of its legs cut off, from which injury it died. Another was injured in the hips and broken down.
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Railroads. Negligence. Presumptions. Verdict. Before Judge Jenkins. Baldwin superior court; July term, 1887. Action for damages for killing a mule and disabling two others by defendant’s train running through’ plaintiff’s plantation. The evidence for the. plaintiff was, in brief, as follows: One morning, one of the mules was found with one of its legs cut off, from which injury it died. Another was injured in the hips and broken down. They seemed to have gotten on the track about 150 yards from where they were struck, and run that distance. The track there was on an embankment six or eight…
1Opinion of the Court
Bleckley, Chief Justice.
Wall brought an action against the railroad company for killing one mule and injuring two others by the running of a train. The case was fully made out, to the extent of casting upon the railway company the burden of explanation. The explanation which it attempted to make was by employés who were upon the train at the time; and from their evidence it appeared that the casualty took place early in the morning before daylight, and that there-was' a fog jn’evailing at the time which prevented the mules from being seen at a distance within which it was possible to stop the…
2Cited by32 opinions
- Lankford v. HoltonSupreme Court of Georgia · 1938
- Brunswick & Western Railroad v. WigginsSupreme Court of Georgia · 1901
- Sand Springs Park v. SchraderSupreme Court of Oklahoma · 1921
- National Labor Relations Board v. Ray Smith Transport Co.Court of Appeals for the Fifth Circuit · 1951
- Central of Georgia Railway Co. v. MoteSupreme Court of Georgia · 1908
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