Central of Georgia Railway Co. v. Neidlinger

A railroad company is not liable for an injury simply because, at the time it was occasioned, the train causing the same was being operated in a manner forbidden by law. To make the company liable, the failure to properly conduct the train must have operated as a cause of the injury. Western & Atlantic R. R. Co. v. Main, 64 Ga. 649. Accordingly, when, in the trial of an action to recover damages for killing a cow, proof is made that the train was passing through a town at a speed of twenty miles an hour or more, and that such speed was not checked in approaching a crossing, and it did not…