East Tennessee, Virginia & Georgia Railroad v. Culler
Supreme Court of Georgia
Railroads. Negligence. Damages. New Trial. Before Judge Pate. Pulaski Superior Court. November Adjourned Term. 1884. Culler brought suit against the East Tennessee, Virginia and Georgia Railroad for the killing of a mule. On the trial, the evidence for the plaintiff was, in brief, as follows: The mule was put in a lot in Cochran at night, but got out and went about one and a half to two miles; next morning it was'-found cut in half, lying beside the track of the defendant.
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Railroads. Negligence. Damages. New Trial. Before Judge Pate. Pulaski Superior Court. November Adjourned Term. 1884. Culler brought suit against the East Tennessee, Virginia and Georgia Railroad for the killing of a mule. On the trial, the evidence for the plaintiff was, in brief, as follows: The mule was put in a lot in Cochran at night, but got out and went about one and a half to two miles; next morning it was'-found cut in half, lying beside the track of the defendant. The tracks of the animal indicated that it had gone up the railroad track, and had then turned and gone back to the point…
1Opinion of the Court
Jackson, Chief Justice.
The presumption fixed by law is that the agents of the company did not exercise all ordinary and reasonable care to save the life of the mule. Code, §3033.
Is it made to appear that the agents of the company have exercised all ordinary and reasonable care ? Two agents are in position to see stock on the track ordinarily, the engineer and fireman. Only the engineer was sworn. True, the engineer says that the fireman was engaged with firing the engine at the time; but it would have been *706better had he been called to swear for himself. It is a troublesome presumption to be…
2Cited by1 opinion
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