Alabama Great Southern Railroad v. McAuley

Court of Appeals of Georgia

Alabama Great Southern Railroad v. McAuley

145 S.E. 476, 38 Ga. App. 686, 1928 Ga. App. LEXIS 395

CourtCourt of Appeals of Georgia

DecidedNovember 13, 1928

Docket19138

StatusPublished

This text of 145 S.E. 476 (Alabama Great Southern Railroad v. McAuley) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alabama Great Southern Railroad v. McAuley, 145 S.E. 476, 38 Ga. App. 686, 1928 Ga. App. LEXIS 395 (Ga. Ct. App. 1928).

Pincite

Opinion

Broyles, O. J.

This was a suit for damages for the killing of a dog. The evidence for the plaintiff, though circumstantial, was sufficient to authorize a finding that the animal was killed by the running of a train of the defendant. The presumption then arose that the defendant was negligent in the particulars alleged in the petition. Whether that presumption was rebutted by any evidence adduced was a question for the jury, and their finding that it was not rebutted was supported by some slight evidence, and, the verdict having been approved by the trial judge, this court is without authority to interfere. None of the special grounds of the motion for a new trial show cause for a reversal of the judgment. Judgment affirmed.

Luke and Bloodivorlh, JJ,, concur.

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Broyles, O. J.

This was a suit for damages for the killing of a dog. The evidence for the plaintiff, though circumstantial, was sufficient to authorize a finding that the animal was killed by the running of a train of the defendant. The presumption then arose that the defendant was negligent in the particulars alleged in the petition. Whether that presumption was rebutted by any evidence adduced was a question for the jury, and their finding that it was not rebutted was supported by some slight evidence, and, the verdict having been approved by the trial judge, this court is without authority to interfere. None of the special grounds of the motion for a new trial show cause for a reversal of the judgment. Judgment affirmed.

Luke and Bloodivorlh, JJ,, concur.

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Bluebook (online)

145 S.E. 476, 38 Ga. App. 686, 1928 Ga. App. LEXIS 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alabama-great-southern-railroad-v-mcauley-gactapp-1928.