Alabama Great Southern Railroad v. Wallace

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

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 negligence 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.