Georgia Coast & Piedmont Railroad v. Smith
Court of Appeals of Georgia
■ Action for damages; from Liberty superior court—Judge Sheppard. September 29, 1917. Bert Smith sued the Georgia Coast and Piedmont Railroad Company for damages on account of the killing of his mule by a train of the defendant. The jury trying the case found for the plaintiff.
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■ Action for damages; from Liberty superior court—Judge Sheppard. September 29, 1917. Bert Smith sued the Georgia Coast and Piedmont Railroad Company for damages on account of the killing of his mule by a train of the defendant. The jury trying the case found for the plaintiff. The railroad eompahy excepts to the overruling of its motion for a new trial, based upon the general grounds and grounds which were merely amplifications of those grounds, and upon special grounds alleging error in the following excerpts from the charge of the court:, (a) “Of course, when the railroad company makes…
1Dissent
Broyles, P. J.,
dissenting. ¡ In my opinion the evidence for the plaintiff, beyond showing that his mule was injured by the running of a train of the defendant (and thus raising the statutory presumption of negligence against the defendánt), was without any probative value whatever. The undisputed evidence of the engineer, and the other employees of the defendant, upon the train which struck the mule, completely rebutted this presumption of negligence, and the'recovery for the plaintiff ’ was unauthorized. I think the court erred in overruling the motion for a new trial. Georgia Railroad &…
2Cases cited8 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Georgia Railroad & Banking Co. v. WallSupreme Court of Georgia · 1888
- Georgia Southern & Florida Railway Co. v. SandersSupreme Court of Georgia · 1900
- Macon & Birmingham Railroad v. RevisSupreme Court of Georgia · 1904
- Whiddon v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1917
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