Kemp v. Central of Georgia Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Daley. Bulloch superior court. April 26, 1904. The petition alleged, that the defendant, by the running of its locomotive, cars, and machinery in a careless, negligent, and improper manner, ran over and killed the plaintiff’s husband between Parish station and Metter station in Bulloch county; that the killing was done by a passenger-train going west upon a straight track; “that heretofore, in the county aforesaid, the defendant by its…
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Action for damages. Before Judge Daley. Bulloch superior court. April 26, 1904. The petition alleged, that the defendant, by the running of its locomotive, cars, and machinery in a careless, negligent, and improper manner, ran over and killed the plaintiff’s husband between Parish station and Metter station in Bulloch county; that the killing was done by a passenger-train going west upon a straight track; “that heretofore, in the county aforesaid, the defendant by its carelessness, negligence, and improper conduct, and by the carelessness, negligence, and improper conduct of its officers,…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) Evidence that the plaintiff’s husband had been killed by the running of defendant’s cars raised the statutory presumption of negligence. This was sufficient to prevent the nonsuit, unless the other testimony for the plaintiff disproved the prima facie case thus made. Exclamatory remarks are a part of the res gestae, and entitled to be considered as evidence by the jury But testimony by another witness for the plaintiff, as to explanatory statements made by the engineer as to the circumstances of the killing, and why he did not see the deceased' in time to…
2Cases cited11 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Fontaine v. Baxley, Boles & Co.Supreme Court of Georgia · 1892
- Warren v. PowellSupreme Court of Georgia · 1905
- Bates-Farley Savings Bank v. DismukesSupreme Court of Georgia · 1899
- Richmond & Danville Railroad v. MitchellSupreme Court of Georgia · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Wrightsville & Tennille Railroad v. VaughanCourt of Appeals of Georgia · 1911
- Jenkins v. LaneSupreme Court of Georgia · 1922
- City Council of Augusta v. MarksSupreme Court of Georgia · 1905
- Lee Street Auto Sales, Inc. v. WarrenCourt of Appeals of Georgia · 1960
- Wood v. Hub Motor CompanyCourt of Appeals of Georgia · 1964
46 more not listed; retrieve them via the Exa API.