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Atlantic & Birmingham Railway Co. v. Clute

60 S.E. 277, 3 Ga. App. 508, 1908 Ga. App. LEXIS 355
CourtCourt of Appeals of Georgia
DecidedJanuary 29, 1908
Docket618
StatusPublished
Cited by18 cases

This text of 60 S.E. 277 (Atlantic & Birmingham Railway Co. v. Clute) 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
Atlantic & Birmingham Railway Co. v. Clute, 60 S.E. 277, 3 Ga. App. 508, 1908 Ga. App. LEXIS 355 (Ga. Ct. App. 1908).

Opinion

Kussell, J.

There was no error in overruling tlie certiorari. The testimony of the defendant’s servants, if uncontradicted, would have rebutted the presumption of negligence which arose against the railroad company upon proof (though it was circumstantial) that the horse was killed by a train of the defendant company, and, had there been no further testimony, would have demanded a finding in favor of the defendant. A fact, however, can be proved by circumstantial evidence as well as by direct proof. The physical facts and circumstances in this case were sufficient to authorize the jury to disbelieve the testimony of the witnesses for the defendant, and to thereby impeach theta; and in that event, the killing being shown and the presumption of negligence not being rebutted, a verdict for the plaintiff would be authorized. Clark v. W. & A. R. Co., 2 Ga. App. 346 (58 S. E. 510). Proof of physical facts may be sufficient to disprove even positive testimony.

Judgment affirmed.

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Bluebook (online)
60 S.E. 277, 3 Ga. App. 508, 1908 Ga. App. LEXIS 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-birmingham-railway-co-v-clute-gactapp-1908.