Georgia & Alabama Railway Co. v. Cook

The Georgia and Alabama Railway assigns error upon the overruling of a motion for a new trial, by which it sought to set aside a verdict rendered against it in favor of Morgan Cook, for the killing of a mare. The plaintiff below proved, at the trial, that the animal had been killed by a collision with a locomotive of the defendant, but introduced no evidence showing the particulars of the catastrophe. He therefore relied exclusively upon the presumption of negligence which the law raised against the company. The defendant showed, by the positive and uncon*761tradicted testimony of its engineer…