Atlantic Coast Line Railroad v. Whitaker
Court of Appeals of Georgia
Certiorari; from. Decatur superior court — Judge Frank Park. The railroad company was sued in a justice’s court for damages on account of the killing of a cow by its cars, and a verdict was rendered against it for the alleged value' of the cow. The case came to this court on exceptions to the overruling of the defendant’s petition for certiorari, in which it was alleged that the verdict was contrary to law and the evidence.
Read the full summary
Certiorari; from. Decatur superior court — Judge Frank Park. The railroad company was sued in a justice’s court for damages on account of the killing of a cow by its cars, and a verdict was rendered against it for the alleged value' of the cow. The case came to this court on exceptions to the overruling of the defendant’s petition for certiorari, in which it was alleged that the verdict was contrary to law and the evidence. At the trial the plaintiff testified, that his cow had been coming home every night until the night of July 10, 1902, but did not come home on that night, and he found her…
1Opinion of the CourtHill, C. J.
The statutory presumption of negligence, raised by proof
that the plaintiff’s cow was killed by the running of the locomotive and cars of the defendant railroad company, was fully rebutted by the undisputed evidence; and, other than the presumption, there was no evidence whatever of negligence. The verdict against the company is therefore contrary to law, because without any evidence' to support it. Macon, Dublin & Savannah R. Co. v. Hamilton, 9 Ga. App. 254 (70 S. E. 1126); Southern R. Co. v. Harrell, 119 Ga. 521 (46 S. E. 637).
Judgment reversed.
Pópe & Bennet, R. G. Hartsfield, for plaintiff…
2Cases cited4 opinions
- Augusta Southern Railroad v. CarrollCourt of Appeals of Georgia · 1909
- Macon, Dublin & Savannah Railroad v. HamiltonCourt of Appeals of Georgia · 1911
- Southern Railway Co. v. HarrellSupreme Court of Georgia · 1904
- Atlanta, Birmingham & Atlantic Railroad v. MinchewCourt of Appeals of Georgia · 1910
3Cited by9 opinions
- Atlantic Coast Line Railroad v. MartinCourt of Appeals of Georgia · 1949
- Atlantic Coast Line Railroad v. PaulkCourt of Appeals of Georgia · 1924
- Atlantic Coast Line Railroad v. CoxCourt of Appeals of Georgia · 1912
- Atlantic Coast Line Railroad v. ChastainCourt of Appeals of Georgia · 1915
- Atlantic Coast Line Railroad v. MartinCourt of Appeals of Georgia · 1924
4 more not listed; retrieve them via the Exa API.