Central of Georgia Railway Co. v. Cox

Court of Appeals of Georgia

Central of Georgia Railway Co. v. Cox

122 S.E. 647, 32 Ga. App. 49, 1924 Ga. App. LEXIS 250

Court of Appeals of Georgia·Decided April 16, 1924·No. 15164·Published·Cited by 1 cases

Opinion

Bloodworth, J.

The presumption that the defendant railroad company was negligent, which arose from proof of damage to the plaintiff’s property by the running of the defendant’s train, was satisfactorily met; it being shown that the defendant exercised all reasonable care and caution to prevent the damage. The verdict against the company was, therefore, contrary to the evidence, and the court erred in overruling the certiorari.

Judgment reversed.

Broyles, O. J., and Lithe, J., oonour. C. T. Guyton, for plaintiff in error,

cited: 99 Ga. 245; 82 Ga. 190; 3 Ga. App. 197.

H. P. Cobb, contra.

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Bloodworth, J.

The presumption that the defendant railroad company was negligent, which arose from proof of damage to the plaintiff’s property by the running of the defendant’s train, was satisfactorily met; it being shown that the defendant exercised all reasonable care and caution to prevent the damage. The verdict against the company was, therefore, contrary to the evidence, and the court erred in overruling the certiorari.

Judgment reversed.

Broyles, O. J., and Lithe, J., oonour. C. T. Guyton, for plaintiff in error,

cited: 99 Ga. 245; 82 Ga. 190; 3 Ga. App. 197.

H. P. Cobb, contra.

Central of Georgia Railway Co. v. Cox, 122 S.E. 647, 32 Ga. App. 49, 1924 Ga. App. LEXIS 250 (Ga. Ct. App. 1924).

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Opinion

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