Augusta Southern Railroad v. Hill
Supreme Court of Georgia
Action for damages. Before Judge Reese. Glascock superior court. August term, 1894. Hill sued the railroad company for the killing of a horse by the running of its train, and obtained a verdict. The company moved on the general grounds for a new trial, and the motion was denied. Erom plaintiff’s testimony it appears that he turned the horse out to graze. There was no stock law at the place'. The point where the horse was struck was about half a mile from Gibson.
Read the full summary
Action for damages. Before Judge Reese. Glascock superior court. August term, 1894. Hill sued the railroad company for the killing of a horse by the running of its train, and obtained a verdict. The company moved on the general grounds for a new trial, and the motion was denied. Erom plaintiff’s testimony it appears that he turned the horse out to graze. There was no stock law at the place'. The point where the horse was struck was about half a mile from Gibson. The railroad track was curved there. It was half a mile from a crossing. Plaintiff’s wife testified that she saw the accident. The…
1Opinion of the CourtLumpkin, J.
Although, 'the evidence for the defendant tended strongly to show that its servants in charge of the train used ordinary and reasonable care to prevent the killing of the plaintiff’s horse, yet as there was evidence for the plaintiff 'from which, if true, the contrary could be reasonably inferred, and as the trial judge was satisfied with the verdict, this court will not set it aside. Judgment affirmed.
Defendant introduced the engineer, conductor, fireman, and other witnesses. Their testimony was in conflict with that for the plaintiff, and made a case of unavoidable accident, it appearing…
2Cited by4 opinions
- Murray v. DavidsonSupreme Court of Georgia · 1932
- Anderson v. StateSupreme Court of Georgia · 1955
- Dickey v. Georgia & Alabama Railway Co.Supreme Court of Georgia · 1896
- Wilson v. StateCourt of Appeals of Georgia · 1938