Central of Georgia Railway Co. v. Henry

Court of Appeals of Georgia

Central of Georgia Railway Co. v. Henry

68 S.E. 332, 7 Ga. App. 780, 1910 Ga. App. LEXIS 514

Court of Appeals of Georgia·Decided June 14, 1910·No. 2352·Published

Opinion

Hill, C. J.

The only issue in this ease was whether the cow sued for was lulled by “the running of the locomotive or cars of the railroad company,” or died from some natural cause. There were slight circumstances from which the jury were authorized to infer that she was killed by the former, and there was no evidence to rebut the statutory presumption of negligence arising against the railroad company upon proof of that fact. The judge of the superior court on certiorari approved the verdict. This court will not disturb it. Judgment affirmed. ■

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Hill, C. J.

The only issue in this ease was whether the cow sued for was lulled by “the running of the locomotive or cars of the railroad company,” or died from some natural cause. There were slight circumstances from which the jury were authorized to infer that she was killed by the former, and there was no evidence to rebut the statutory presumption of negligence arising against the railroad company upon proof of that fact. The judge of the superior court on certiorari approved the verdict. This court will not disturb it. Judgment affirmed. ■

Central of Georgia Railway Co. v. Henry, 68 S.E. 332, 7 Ga. App. 780, 1910 Ga. App. LEXIS 514 (Ga. Ct. App. 1910).

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