Central Railroad v. Hamilton
Supreme Court of Georgia
Laws. Fences. Railroads. Damages. Negligence. Before Judge Stewart. Spalding Superior Court. February Term, 1883. ' Amanda Hamilton brought suit in the county court of Spalding county against the Central Railroad, for the value of a cow killed by the defendant’s train. Plaintiff recovered a judgment, and defendant appealed to the superior court.
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Laws. Fences. Railroads. Damages. Negligence. Before Judge Stewart. Spalding Superior Court. February Term, 1883. ' Amanda Hamilton brought suit in the county court of Spalding county against the Central Railroad, for the value of a cow killed by the defendant’s train. Plaintiff recovered a judgment, and defendant appealed to the superior court. On the trial, the evidence showed that the cow was killed by the train, but the defence rested on the question of neg.iigence in the railroad and the owner of the cow respectively. What is known as the stock law was in force in Spald ring at the time,…
1Opinion of the Court
Hall, Justice.
The principal question presented by this case is, what effect, if any, the provisions of the law, in counties where it is of force, requiring stock to be kept up, has upon the liability of railroads for killing the same in such localities, by the running of their trains ? Does this law, which is embodied in §§1449, 1450, 1451, 1452 of the Code, modify or alter the rule of diligence to be observed in the running Of trains in such cases by §§3033 and 3034 of the Code—. viz : That the company shall be liable for damage done to stock by its locomotives or cars, or by any person in…
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