Atlantic Coast Line Railroad v. Whitaker

Court of Appeals of Georgia

Atlantic Coast Line Railroad v. Whitaker

73 S.E. 34, 10 Ga. App. 207, 1911 Ga. App. LEXIS 716

CourtCourt of Appeals of Georgia

DecidedDecember 19, 1911

Docket3477

StatusPublished

Cited by9 cases

This text of 73 S.E. 34 (Atlantic Coast Line Railroad v. Whitaker) 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. Whitaker, 73 S.E. 34, 10 Ga. App. 207, 1911 Ga. App. LEXIS 716 (Ga. Ct. App. 1911).

Pincite

Opinion

Hill, C. J.

The statutory presumption of negligence, raised by proof

that the plaintiff’s cow was killed by the running of the locomotive and cars of the defendant railroad company, was fully rebutted by the undisputed evidence; and, other than the presumption, there was no evidence whatever of negligence. The verdict against the company is therefore contrary to law, because without any evidence' to support it. Macon, Dublin & Savannah R. Co. v. Hamilton, 9 Ga. App. 254 (70 S. E. 1126); Southern R. Co. v. Harrell, 119 Ga. 521 (46 S. E. 637).

Judgment reversed.

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

cited: 9 Ga. App. 254; 7 Ga. App. 138; 3 Ga. App. 197; 119 Ga. 521.

G. G. Bower, contra,

cited: 7 Ga. App. 566, 780; 6 Ga. App. 308, 499.

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