Legal Opinion

Seaboard Air-Line Railway v. McDonald

Court of Appeals of Georgia

Decided April 3, 1917No. 7996PublishedCited by 9 opinions

Certiorari; from Liberty superior court—Judge Sheppard. November 4, 1916:

1Opinion of the CourtWade, C. J.

1. The act of 1912 (Acts of 1912, pp. 46, 47) expressly provides that “all dogs are hereby made personal property and shall be given in and taxed as other property of this State is given in and taxed.” Before the passage of this act it had been held several times by the Supreme Court and this court that, a railroad company was not liable for the negligent killing of a'dog, and that no presumption would arise against the company upon proof that a dog was killed by a railroad train, as in case of injury to person or property; but that the owner might maintain an action for trespass vi et armis…

2Cases cited4 opinions

  1. Jemison v. Southwestern RailroadSupreme Court of Georgia · 1885
  2. Graham v. SmithSupreme Court of Georgia · 1897
  3. Seaboard Air-Line Railway v. ParrishCourt of Appeals of Georgia · 1915
  4. Alabama Great Southern Railroad v. PriceCourt of Appeals of Georgia · 1916

3Cited by9 opinions

  1. Central of Georgia Railway Co. v. CheneyCourt of Appeals of Georgia · 1917
  2. Powell v. NelsonCourt of Appeals of Georgia · 1936
  3. Southern Railway Co. v. RundleCourt of Appeals of Georgia · 1927
  4. Alabama Great Southern Railroad v. CrispCourt of Appeals of Georgia · 1926
  5. Louisville & Nashville Railroad v. MorelandCourt of Appeals of Georgia · 1970

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