Southern Railway Co. v. McMillan
Supreme Court of Georgia
Certiorari. Before Judge Kimsey. Habersham superior court. March term, 1896. . In justice’s court the plaintiff obtained a verdict against the railroad company for the value of a cow alleged to have been killed by the defendant. Defendant’s certiorari was overruled, and exception was taken.
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Certiorari. Before Judge Kimsey. Habersham superior court. March term, 1896. . In justice’s court the plaintiff obtained a verdict against the railroad company for the value of a cow alleged to have been killed by the defendant. Defendant’s certiorari was overruled, and exception was taken. Under the evidence the issue was, •whether .the .cow was killed by the agency of defendant, or as the result of a fall down an embankment into a cut in a hill where the railroad-track runs. The plaintiff' testified: At the place where my cow was killed, up'on the top of the cut is a fence about three and a…
1Opinion of the CourtLittle, J.
The official report states the facts.
There is no evidence in the record that the cow of the plaintiff was killed by the running of the locomotives or cars or other machinery of the defendant company. On the contrary, it does appear in the record that the cow Was found lying in the ditch beside the track in a cut, on each side of which was a high embankment. It appears from the testimony of one of the witnesses that there were signs on the side of the cut showing that the cow had fallen down the embankment, and the evidence further showed that there were no external marks of violence on the…
2Cases cited1 opinion
- Georgia Railroad v. BirdSupreme Court of Georgia · 1885
3Cited by1 opinion
- Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907