Gainesville Midland Railway v. Cronic

Court of Appeals of Georgia

Gainesville Midland Railway v. Cronic

74 S.E. 1098, 11 Ga. App. 239, 1912 Ga. App. LEXIS 345

CourtCourt of Appeals of Georgia

DecidedJune 5, 1912

Docket4009

StatusPublished

This text of 74 S.E. 1098 (Gainesville Midland Railway v. Cronic) 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

Gainesville Midland Railway v. Cronic, 74 S.E. 1098, 11 Ga. App. 239, 1912 Ga. App. LEXIS 345 (Ga. Ct. App. 1912).

Pincite

Opinion

Hill, C. J.

It is conceded that the only question raised by the record is one of fact. The plaintiff sought to recover the value of his hog, killed by the running of a motor-car of the defendant railroad company. The value of the hog was admitted to have been $50, and it was admitted that it was killed by the running of the defendant’s car. The presumption of negligence thus raised was not rebutted, and there were circumstances of negligence proved in support of the presumption. The judgment of the lower court is affirmed, and ten per cent, damages awarded for suing out and prosecuting the writ of error for delay only.

Judgment affirmed, with damages.

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Hill, C. J.

It is conceded that the only question raised by the record is one of fact. The plaintiff sought to recover the value of his hog, killed by the running of a motor-car of the defendant railroad company. The value of the hog was admitted to have been $50, and it was admitted that it was killed by the running of the defendant’s car. The presumption of negligence thus raised was not rebutted, and there were circumstances of negligence proved in support of the presumption. The judgment of the lower court is affirmed, and ten per cent, damages awarded for suing out and prosecuting the writ of error for delay only.

Judgment affirmed, with damages.

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Bluebook (online)

74 S.E. 1098, 11 Ga. App. 239, 1912 Ga. App. LEXIS 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gainesville-midland-railway-v-cronic-gactapp-1912.