Legal Opinion

Central of Georgia Railway Co. v. Williams Buggy Co.

Supreme Court of Georgia

Decided November 12, 1904PublishedCited by 1 opinion

Action for damages. Before Judge Hodges. City court of Macon. July 30, 1904.

1Opinion of the CourtSimmons, C. J.

1. Relatively to persons or property on the track of a railroad company where there is no public crossing and where the company is pot bound to anticipate their presence, it is not negligence for the company to run-its trains at a speed of fifty or sixty miles an hour.

2. Under the undisputed evidence the defendant fully rebutted the presumption of negligence arising against it from proof of the killing of the stock, and the trial judge erred in refusing to grant a new trial. Georgia M. R. Co. v. Harris, 83 Ga. 393; Georgia S. Ry. Co. v. Sanders, 111 Ga. 128.

Judgment reversed.

All the Justices…

2Cases cited2 opinions

  1. Georgia Southern & Florida Railway Co. v. SandersSupreme Court of Georgia · 1900
  2. Georgia Midland & Gulf Railroad v. HarrisSupreme Court of Georgia · 1889

3Cited by1 opinion

  1. Powell v. McClungCourt of Appeals of Georgia · 1946

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