Georgia Railroad & Banking Co. v. Phillips
Supreme Court of Georgia
Railroads. Damages. Negligence. Presumptions. Verdict. New Trial. Before Judge Lawson. Baldwin Superior Court. July Adjourned Term, 1886. Phillips brought suit against the Georgia Railroad to recover damages for the killing of a horse by the running of its train. On the trial, the evidence for the plaintiff was, in brief, as follows: Several farms were enclosed under one fence, and at certain seasons the proprietors would turn their stock out to graze.
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Railroads. Damages. Negligence. Presumptions. Verdict. New Trial. Before Judge Lawson. Baldwin Superior Court. July Adjourned Term, 1886. Phillips brought suit against the Georgia Railroad to recover damages for the killing of a horse by the running of its train. On the trial, the evidence for the plaintiff was, in brief, as follows: Several farms were enclosed under one fence, and at certain seasons the proprietors would turn their stock out to graze. Two railroads ran through the enclosure and formed a junction a few hundred yards beyond the place where the horse was killed, and several…
1Opinion of the Court
Hall, Justice.
Phillips brought suit against the Georgia Railroad and Banking Company to recover damages for the killing of his horse by the running of its cars. The case was tried twice, and there were two verdicts in favor of the plaintiff. The first was set aside upon the general grounds of the motion that it was contrary to law, evidence, etc., and a new trial ordered. A motion was made to set aside the second verdict upon the same grounds, and the court was asked to grant another new trial, which he refused.
It is clear from the evidence that the horse was killed by the running of the cars…
2Cited by2 opinions
- Sims v. Western & Atlantic RailroadSupreme Court of Georgia · 1900
- Central of Georgia Railway Co. v. SkandamisCourt of Appeals of Georgia · 1929