Wallace v. Cason
Supreme Court of Georgia
Non-suit. New Trial. Amendments. Suits vs. Railroads. Before Judge Lochrane. Fulton Superior Court. September Term, 1870. Cason sued Wallace, as Superintendent of the Western & Atlantic Railroad, for killing his horse, by running an engine upon him. In November, 1869, Judge Pope, presiding, distaissed the case, and so entered upon his docket, and a non-suit was entered upon the minutes.
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Non-suit. New Trial. Amendments. Suits vs. Railroads. Before Judge Lochrane. Fulton Superior Court. September Term, 1870. Cason sued Wallace, as Superintendent of the Western & Atlantic Railroad, for killing his horse, by running an engine upon him. In November, 1869, Judge Pope, presiding, distaissed the case, and so entered upon his docket, and a non-suit was entered upon the minutes. At the same term, Cason’s counsel made out a motion to reinstate the case, had it entered upon the motion docket and got an acknowledgment of service from defendant’s counsel, they reserving the right to…
1Opinion of the CourtLochrane, C. J.
The defendant in error in this case brought his action in the usual form against the Western & Atlantic Railroad for damages arising out of the alleged killing of a horse, which came on for trial at the November Term, 1869.
The presiding Judge held that the failure to give notice, under the Act of 1854, and the Amendatory Act of 1863, relative to the killing of stock by railroads, prevented a recovery, and that he would grant a non-suit with leave to the party to move to reinstate, upon which motion he would hear the argument of the legal question involved.
Counsel for the railroad placed upon…
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