Pope v. Seaboard Air-Line Railway
Court of Appeals of Georgia
Action for damages; from Dodge superior court — Judge Graham. October 14, 1916. This was a suit by the widow of one who was found dead in a mangled condition near the railway track of the defendant.
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Action for damages; from Dodge superior court — Judge Graham. October 14, 1916. This was a suit by the widow of one who was found dead in a mangled condition near the railway track of the defendant. The petition alleged,, that Pope (the deceased), about eleven o’clock on the night of the injury, was walking in an-easterly-direction on the railway track, between the stations of Rhine and Horton in Dodge county; that the .public had long been accustomed so to use this portion of the track with the knowledge and consent of defendant; that Pope suddenly became unconscious, and, falling upon the…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.)
It is insisted by the plaintiff that the judge, without any request, *254should have explained to the jury that when a dead body is found near to a railroad track in a mangled condition, indicating that death'was caused by violence, and no other cause of death is made to appear, and the evidence fails to show that any other person bad an opportunity to do the killing, the presumption thereupon arises that the killing was done by a railroad engine or ear. While it is true that the issue of fact as to whether or not the homicide was occasioned by the defendant…
2Cases cited10 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Weaver v. StateSupreme Court of Georgia · 1910
- Small v. WilliamsSupreme Court of Georgia · 1891
- Killian v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1896
- Lazenby v. Citizens BankCourt of Appeals of Georgia · 1917
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- Central of Georgia Railway Co. v. SharpeCourt of Appeals of Georgia · 1950
- Tice v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1920
- Simmons v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1932
- Ellis v. Southern Railway CompanyCourt of Appeals of Georgia · 1957
12 more not listed; retrieve them via the Exa API.