Alabama Great Southern Railroad v. Wallace

Court of Appeals of Georgia

Alabama Great Southern Railroad v. Wallace

94 S.E. 78, 21 Ga. App. 80, 1917 Ga. App. LEXIS 438

CourtCourt of Appeals of Georgia

DecidedOctober 31, 1917

Docket8351

StatusPublished

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Bluebook

Alabama Great Southern Railroad v. Wallace, 94 S.E. 78, 21 Ga. App. 80, 1917 Ga. App. LEXIS 438 (Ga. Ct. App. 1917).

Pincite

Opinion

Luke, J.

1. Upon the trial of a suit against a railroad company for damages for the killing of a dog by the running of its locomotives or cars or other machinery, proof of such killing raises a presumption of [81]*81negligence against the company. Seaboard Air-Line Ry. v. McDonald, 19 Ga. App. 627 (91 S. E. 1053).

Decided October 31, 1917.

Appeal; from Dade superior court — Judge Fite. December 27, 1916.

Payne & Hale, for plaintiff in error.

2. The evidence authorized the verdict, and the court did not err in overruling the motion for a new trial.

Judgment affirmed.

Wade, G. J., and Jenkins, J., concur.

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