Atlantic Coast Line Railroad v. Jenkins

Court of Appeals of Georgia

Atlantic Coast Line Railroad v. Jenkins

91 S.E. 1006, 19 Ga. App. 632, 1917 Ga. App. LEXIS 276

CourtCourt of Appeals of Georgia

DecidedApril 3, 1917

Docket8201

StatusPublished

This text of 91 S.E. 1006 (Atlantic Coast Line Railroad v. Jenkins) 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. Jenkins, 91 S.E. 1006, 19 Ga. App. 632, 1917 Ga. App. LEXIS 276 (Ga. Ct. App. 1917).

Pincite

Opinion

George, J.

The railroad company had not the right to negligently reduce the. plaintiff’s hog to pork and pay for the hog on the basis of pork, since the value of a living hog is not necessarily confined to the market [633]*633price of the meat which the hog would have produced. The railroad company admitted liability for the killing of the hog involved, and there was evidence, not objected to upon the trial, to support the jury’s finding that the hog was worth as much as $9. Accordingly, the judge of the superior court did not err in overruling the certiorari and refusing the railroad company a new trial.

Decided April 3, 1917.

Certiorari; from Worth superior court—Judge Cox. May 27, 1916.

Perry & Williamson, B. 8. Poy, for plaintiff in error. J. II. Tipton, contra.

Judgment affirmed.

Wade, G. J., and Luke, J., concur.

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George, J.

The railroad company had not the right to negligently reduce the. plaintiff’s hog to pork and pay for the hog on the basis of pork, since the value of a living hog is not necessarily confined to the market [633]*633price of the meat which the hog would have produced. The railroad company admitted liability for the killing of the hog involved, and there was evidence, not objected to upon the trial, to support the jury’s finding that the hog was worth as much as $9. Accordingly, the judge of the superior court did not err in overruling the certiorari and refusing the railroad company a new trial.

Decided April 3, 1917.

Certiorari; from Worth superior court—Judge Cox. May 27, 1916.

Perry & Williamson, B. 8. Poy, for plaintiff in error. J. II. Tipton, contra.

Judgment affirmed.

Wade, G. J., and Luke, J., concur.

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Bluebook (online)

91 S.E. 1006, 19 Ga. App. 632, 1917 Ga. App. LEXIS 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-coast-line-railroad-v-jenkins-gactapp-1917.