Central of Georgia Railway Co. v. O'Neal
Court of Appeals of Georgia
Certiorari; from Pike superior court — Judge R. T. Daniel. April 4, 1912. The railway company was sued in a justice’s court for damages on account of the killing of a cow by a locomotive. A verdict was rendered against the company, and in its petition for certiorari, the overruling of which is assigned as error, it is alleged that the verdict was contrary to law and without evidence to support it.
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Certiorari; from Pike superior court — Judge R. T. Daniel. April 4, 1912. The railway company was sued in a justice’s court for damages on account of the killing of a cow by a locomotive. A verdict was rendered against the company, and in its petition for certiorari, the overruling of which is assigned as error, it is alleged that the verdict was contrary to law and without evidence to support it. The only eye-witness of the killing and the only person who testified as to the manner in which the locomotive was running was the engineer. He testified: “I was engineer on train that struck…
1Opinion of the CourtHill, C. J.
The statutory presumption of negligence, arising on proof of the killing by the running of the locomotive and cars of the railroad company, was fully rebutted by positive and uncontradicted evidence, and the verdict for the plaintiff was contrary to law. The judge of the superior court erred in overruling the certiorari. Macon & Birmingham R. Co. v. Revis, 119 Ga. 332; Macon, Dublin & Savannah R. Co. v. Wood, 3 Ga. App. 197. Judgment reversed.
The railway company was sued in a justice’s court for damages on account of the killing of a cow by a locomotive. A verdict was rendered against the…
2Cases cited2 opinions
- Macon & Birmingham Railroad v. RevisSupreme Court of Georgia · 1904
- Macon, Dublin & Savannah Railroad v. WoodCourt of Appeals of Georgia · 1907
3Cited by3 opinions
- Alabama Great Southern Railroad v. CrispCourt of Appeals of Georgia · 1926
- Alabama Great Southern Railroad v. CapeleyCourt of Appeals of Georgia · 1929
- Alabama Great Southern Railroad v. ForesterCourt of Appeals of Georgia · 1931