Atlantic Coast Line Railroad v. Cox

Court of Appeals of Georgia

Atlantic Coast Line Railroad v. Cox

75 S.E. 268, 11 Ga. App. 384, 1912 Ga. App. LEXIS 414

CourtCourt of Appeals of Georgia

DecidedJuly 23, 1912

Docket4246

StatusPublished

Cited by6 cases

This text of 75 S.E. 268 (Atlantic Coast Line Railroad v. Cox) 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 Coast Line Railroad v. Cox, 75 S.E. 268, 11 Ga. App. 384, 1912 Ga. App. LEXIS 414 (Ga. Ct. App. 1912).

Pincite

Opinion

Pottle, J.

The plaintiff’s right to recover resting solely upon the statutory presumption of negligence, and the undisputed testimony of the engineer and fireman showing that they were in the exercise of all ordinary care and diligence, and that the killing of the plaintiff’s cow was not due to any negligence on the part of the defendant or its employees, the presumption of negligence was fully rebutted, and the recovery in favor of the plaintiff was unauthorized. Macon, Dublin & Savannah R. Co. v. Hamilton, 9 Ga. App. 254 (70 S. E. 1126); Atlantic Coast Line R. Co. v. Whitaker, 10 Ga. App. 207 (73 S. E. 34).

Judgment reversed.

Certiorari; from Decatur superior court — Judge Frank Park. May 12, 1912.

Pope & Bennet R. G. Hartsfield, for plaintiff in error.

Free access — add to your briefcase to read the full text and ask questions with AI

Pottle, J.

The plaintiff’s right to recover resting solely upon the statutory presumption of negligence, and the undisputed testimony of the engineer and fireman showing that they were in the exercise of all ordinary care and diligence, and that the killing of the plaintiff’s cow was not due to any negligence on the part of the defendant or its employees, the presumption of negligence was fully rebutted, and the recovery in favor of the plaintiff was unauthorized. Macon, Dublin & Savannah R. Co. v. Hamilton, 9 Ga. App. 254 (70 S. E. 1126); Atlantic Coast Line R. Co. v. Whitaker, 10 Ga. App. 207 (73 S. E. 34).

Judgment reversed.

Certiorari; from Decatur superior court — Judge Frank Park. May 12, 1912.

Pope & Bennet R. G. Hartsfield, for plaintiff in error.

Cite This Page — Counsel Stack

Bluebook (online)

75 S.E. 268, 11 Ga. App. 384, 1912 Ga. App. LEXIS 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-coast-line-railroad-v-cox-gactapp-1912.

Opinion

Related

Cite This Page — Counsel Stack