Central Railroad & Banking Co. v. Opie
Supreme Court of Georgia
New- Trial. Practice in the Supreme Court. Before Judge Johnson. Screven Superior Court. May Term, 1876. Opie brought case against the Central Railroad and Banking Company for $500.00, damages alleged to have been sustained by reason of the killing of a mare. The jury found for the plaintiff $300.00; The defendant moved for a new trial.
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New- Trial. Practice in the Supreme Court. Before Judge Johnson. Screven Superior Court. May Term, 1876. Opie brought case against the Central Railroad and Banking Company for $500.00, damages alleged to have been sustained by reason of the killing of a mare. The jury found for the plaintiff $300.00; The defendant moved for a new trial. The court overruled the motion upon “ the ground that, although the opinion of the court upon the law and facts as submitted on the trial, is that the defendant is not liable to the damages assessed by the verdict in this case, yet there having been 'three…
1Opinion of the Court
Bleckley, Judge.
Though the court had twice granted a new trial on similar verdicts, to leave the third verdict to stand was right, there being evidence that the train was running at unusual *348speed, and. that no effort was made to stop or slacken it, and the evidence being conflicting as to whether there were, or were not, bnshes and briers contiguous to the line of road, calculated to impede the mare in espaping to the open field. Even if the engine or cars did not touch the animal, she was probably not allowed as much time to get clear of danger as ordinary and reasonable care, even for the…
2Cases cited1 opinion
- Selma, Rome & Dalton Railroad v. FlemingSupreme Court of Georgia · 1873
3Cited by4 opinions
- Roberts v. City of CairoSupreme Court of Georgia · 1909
- Colquitt v. SolomonSupreme Court of Georgia · 1878
- Paul v. SmithCourt of Appeals of Georgia · 1907
- Murray v. McGuireSupreme Court of Georgia · 1912