Legal Opinion
Seaboard Air-Line Railway v. Walthour
Supreme Court of Georgia
Decided March 17, 1903PublishedCited by 15 opinions
Action for damages. Before Judge Seabrook. Liberty superior court. March 5, 1902.
1Opinion of the CourtSimmons, C. J.
While the law raises against a railway company a presumption of negligence whenever the fact is made to appear that live stock was killed by the running of its cars, yet this presumption can not withstand positive evidence that the company’s employees exercised ordinary diligence, both as regards maintaining a lookout for stock, and endeavoring to avoid injury to the same when discovered. South Carolina R. Co. v. Powell, 108 Ga. 437; Georgia Southern Ry. Co. v. Sanders, 111 Ga. 128. Eelevant testimony in behalf of the company on the part of its servants can not, if they be unimpeached,…
2Cases cited5 opinions
- Georgia Southern & Florida Railway Co. v. SandersSupreme Court of Georgia · 1900
- Georgia Southern & Florida Railway Co. v. ThompsonSupreme Court of Georgia · 1900
- South Carolina & Georgia R. R. v. PowellSupreme Court of Georgia · 1899
- Georgia & Alabama Railway Co. v. CookSupreme Court of Georgia · 1902
- Central of Georgia Railway Co. v. WoodSupreme Court of Georgia · 1898
3Cited by15 opinions
- Central of Georgia Railway Co. v. MoteSupreme Court of Georgia · 1908
- Macon & Birmingham Railroad v. RevisSupreme Court of Georgia · 1904
- Georgia Railway & Power Co. v. ShawCourt of Appeals of Georgia · 1929
- Powell v. BlackstockCourt of Appeals of Georgia · 1941
- Royal Undertaking Co. v. DuffinCourt of Appeals of Georgia · 1938
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