Legal Opinion

Macon & Augusta Railroad v. Vaughn

Supreme Court of Georgia

Decided January 15, 1873PublishedCited by 1 opinion

Railroads. Negligence. Fences. Before Judge Robinson.' Baldwin Superior Court. August Term, 1872. Gaston Vaughn brought complaint against the Macon and Augusta Railroad Company for $250 00 damages, alleged to have been sustained by reason of the killing of a mule by defendant. The defendant pleaded the general issue, and that the killing of the mule was the result of an unavoidable accident.

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Railroads. Negligence. Fences. Before Judge Robinson.' Baldwin Superior Court. August Term, 1872. Gaston Vaughn brought complaint against the Macon and Augusta Railroad Company for $250 00 damages, alleged to have been sustained by reason of the killing of a mule by defendant. The defendant pleaded the general issue, and that the killing of the mule was the result of an unavoidable accident. The evidence made the following case: The mule was found on October 28th, 1871, near the track of defendant, in a *mutilated condition, with every appearance of having been killed by a passing train. The…

1Opinion of the Court

McCay, Judge.

The evidence of the absence of any negligence in running the train at the moment of the killing of this mule is very strong, and is wholly uncontradicted. Nobody saw the mule killed; indeed, it is only by inference (very strong, it is true,) that the fact is made out of the killing by the train at all. It was night, and the driver testifies positively to the use of the greatest care. A railroad company is not liable for an unavoidable accident, even under our statute in relation to stock. If, with every reasonable precaution, proper lookout, and proper speed and proper attention,…

2Cited by1 opinion

  1. L. R. & F. S. R. R. v. PayneSupreme Court of Arkansas · 1878

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