Gaddis v. Southern Railway Co.

Gaddis filed a suit against the Southern Railway Company, for- damages on account of the killing of .a dog by the wilful'and negligent running of the defendant’s train. The jury returned a verdict for the plaintiff, and the defendant filed a petition for certiorari. The judge of the superior court sustained the certiorari, and' entered a final judgment in the case in favor of the railway company, and error is.assigned thereon.

According to the testimony, there was no eye-witness of the killing of the dog; and though it is perfectly plain that the dog was killed by one of the trains of the…