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Dean v. Hilton & Dodge Lumber Co.

65 S.E. 300, 6 Ga. App. 480, 1909 Ga. App. LEXIS 345
CourtCourt of Appeals of Georgia
DecidedJuly 31, 1909
Docket1360
StatusPublished
Cited by2 cases

This text of 65 S.E. 300 (Dean v. Hilton & Dodge Lumber Co.) 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
Dean v. Hilton & Dodge Lumber Co., 65 S.E. 300, 6 Ga. App. 480, 1909 Ga. App. LEXIS 345 (Ga. Ct. App. 1909).

Opinion

Russell, J.

1. The. owner of a private tram-road was sued for the value of live stock alleged to have been killed by one of the defendant’s tram engines. The defendant admitted that its engine had killed the stock, but denied negligence. There was no further proof from which the jury could' infer negligence. Held, that the plaintiff failed to make out a prima facie case.

2. The court erred in refusing to allow the plaintiff to prove that the defendant’s locomotives and cars were not equipped with brakes.

3. The court, therefore, erred in disposing of the case by directing a verdict for the defendant. Proctor & Gamble Co. v. Blakely Oil Co., 128 Co., 606 (57 S. E. 879). Judgment reversed.

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Related

State Highway Department v. Eagle Construction Co.
188 S.E.2d 810 (Court of Appeals of Georgia, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
65 S.E. 300, 6 Ga. App. 480, 1909 Ga. App. LEXIS 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-v-hilton-dodge-lumber-co-gactapp-1909.