Western & Atlantic Railroad v. Steadly
Supreme Court of Georgia
Railroads. Negligence. Presumptions. Jurors. Certiorari. Before Judge McCUTCHEN. Catoosa Superior Court. August Term, 1879. Steadly sued the Western & Atlantic railroad for twenty dollars damages for killing his cow.
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Railroads. Negligence. Presumptions. Jurors. Certiorari. Before Judge McCUTCHEN. Catoosa Superior Court. August Term, 1879. Steadly sued the Western & Atlantic railroad for twenty dollars damages for killing his cow. On the trial in the justice court where the suit was brought, plaintiff showed that defendant’s train had killed his cow within fifteen or twenty feet of a public road crossing; that the train was running at its usual rate of about fifteen miles an hour, and that it did not slacken its pace. The value of the cow was also shown. The evidence for defendant was to the effect that…
1Opinion of the Court
'Warner, Chief Justice.
This case came before the court below on a certiorari from a justice court, and upon the hearing thereof the ■court overruled the same. Whereupon the plaintiff in certiorari excepted.
It appears from the record that the plaintiff in the justice court sued the defendant for killing his cow by its railroad train, within fifteen or twenty feet of a public road crossing. There is no dispute, from the evidence, that the cow was killed by defendant’s train, nor as to the fact that the whistle of its locomotive was not blown and its train checked in its speed as required by the…
2Cited by1 opinion
- Sims v. Western & Atlantic RailroadSupreme Court of Georgia · 1900