Augusta Southern Railroad v. Carroll

Mrs. Mary Carroll sued the Augusta Southern Railroad Company for the value of a horse killed by the running of one of its trains; the jury found a verdict in her favor; and, the company’s motion for a new trial being overruled, it brings error. No specific assignment of error of law is made. The only question involved is whether, under the facts and the law applicable thereto, the recovery was authorized. The killing of the horse was clearly shown, and the statutory presumption of negligence was thus raised against the company. It is insisted by the plaintiff in error that this presumption…