Legal Opinion

Alabama Great Southern Railroad v. Cureton

Court of Appeals of Georgia

Decided April 16, 1912No. 3980PublishedCited by 1 opinion

Action for damages — appeal; from Dade superior court — Judge Eite. January 1, 1912.

1Opinion of the CourtRussell, J.

It appears, from the record, that the trial judge, in passing upon the defendant’s motion to award a nonsuit, said: “The status of a dog should be determined in Georgia, as well as anything else. I am going to charge the general section, that they [meaning the railroads] must use all ordinary and reasonable care 'and diligence. I am going to put them upon the same basis *86as a hog, or other property, and get it before the court and let it be settled. I am going to charge the presumption is against you, and when the hilling is shown, the presumption is that you were negligent.” In accordance…

2Cases cited4 opinions

  1. Jemison v. Southwestern RailroadSupreme Court of Georgia · 1885
  2. Strong v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1903
  3. Gaddis v. Southern Railway Co.Court of Appeals of Georgia · 1911
  4. Vaughn v. NelsonCourt of Appeals of Georgia · 1908

3Cited by1 opinion

  1. Mulkey v. MizeCourt of Appeals of Georgia · 1914

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