Legal Opinion

Georgia Railroad v. Henderson

Court of Appeals of Georgia

Decided November 27, 1923No. 14750PublishedCited by 2 opinions

1Opinion of the CourtJenkins, P. J.

“When it is shown by a plaintiff in an action against a railroad company to recover damages for killing a cow that the animal was killed by the running and operation of a train of cars, the law raises a presumption of negligence against the company, and, without 'more, the plaintiff is entitled to recover the value of the animal killed. Such presumption, however, may be rebutted; and when the evidence of the engineer . . on the locomotive which struck the animal is to the effect that she came upon the track suddenly and immediately in front of the locomotive, and that all reasonable and…

2Cases cited5 opinions

  1. Georgia Railroad & Banking Co. v. WallSupreme Court of Georgia · 1888
  2. Georgia Southern & Florida Railway Co. v. SandersSupreme Court of Georgia · 1900
  3. Whiddon v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1917
  4. Atlantic Coast Line Railroad v. WhitakerCourt of Appeals of Georgia · 1911
  5. Atlantic Coast Line Railroad v. CoxCourt of Appeals of Georgia · 1912

3Cited by2 opinions

  1. Johnson v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1950
  2. Johnson v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1950

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