Savannah, Thunderbolt & Isle of Hope Railway v. Fennell
Supreme Court of Georgia
Certiorari. Before Judge- Ealligarut. Chatham super-ior court. June term, 1896. To the facts appearing in the opinion the following statement of the evidence is added. W. E. Eennell testified: I live near Thunderbolt on line of defendant’s road. While at supper March 17, 1895, I heard the car stop in front of my garden fence, while on its’ trip -to Thunderbolt, and saw men moving around evidently-getting something off the track.
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Certiorari. Before Judge- Ealligarut. Chatham super-ior court. June term, 1896. To the facts appearing in the opinion the following statement of the evidence is added. W. E. Eennell testified: I live near Thunderbolt on line of defendant’s road. While at supper March 17, 1895, I heard the car stop in front of my garden fence, while on its’ trip -to Thunderbolt, and saw men moving around evidently-getting something off the track. Next morning I found my brother’s yearling dead on the side of defendant’s roadway. There was blood and hair on the ties and rails for a number-of yards along the…
1Opinion of the Court
Little, Justice.
1. It appears that the plaintiff below instituted a summary proceeding, under sections 2252 et seq. of the Oivil Code, to have damages assessed against the defendant company for the killing of a cow by the running of the cars of the latter. The magistrate, after hearing evidence, adjudged that the defendant was not liable, and rendered judgment accordingly. From this judgment, the plaintiff sued out a •writ of certiorari to the superior court, which, upon the hearing in the latter court, was sustained and the cause remanded to the justice’s court to be retried. To this latter…
2Cases cited19 opinions
- McCall v. WalterSupreme Court of Georgia · 1883
- Boroughs v. White & StoneSupreme Court of Georgia · 1883
- Baldwin v. HiersSupreme Court of Georgia · 1884
- Holliday & Co. v. PooleSupreme Court of Georgia · 1886
- Columbus & Western Railway v. Flournoy & EppingSupreme Court of Georgia · 1885
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3Cited by10 opinions
- Weathersby v. JordanSupreme Court of Georgia · 1905
- Whiddon v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1917
- Bearden v. City of AustellCourt of Appeals of Georgia · 1994
- Ferry & Co. v. Mattox & TurnerSupreme Court of Georgia · 1903
- Buice v. BuiceSupreme Court of Georgia · 1900
5 more not listed; retrieve them via the Exa API.