Georgia Northern Railway Co. v. Battle

Court of Appeals of Georgia

Georgia Northern Railway Co. v. Battle

103 S.E. 714, 25 Ga. App. 308, 1920 Ga. App. LEXIS 761

CourtCourt of Appeals of Georgia

DecidedMay 11, 1920

Docket11348

StatusPublished

Cited by1 cases

This text of 103 S.E. 714 (Georgia Northern Railway Co. v. Battle) 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

Georgia Northern Railway Co. v. Battle, 103 S.E. 714, 25 Ga. App. 308, 1920 Ga. App. LEXIS 761 (Ga. Ct. App. 1920).

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Opinion

Bloodworth, J.

This is a suit for damages against a railroad company for killing stock. It is admitted that the stock were killed, and the only issue is whether or not the railroad company successfully rebutted the presumption of negligence that arose against it upon proof of the killing. The evidence for the railroad company tended to show that the engineer and the fireman were in the exercise of all ordinary care and diligence, and that the killing of the stock was not due to any negligence of the defendant or its employees, but there was some evidence to contradict this, and the judge, who by agreement passed upon the case without the intervention of a jury, having decided that the presumption against the railroad was not overcome by the evidence, this court will allow his finding on the facts to stand.

Judgment affirmed.

Broyles, C. J., concurs. Luke, J., dissents.

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Bloodworth, J.

This is a suit for damages against a railroad company for killing stock. It is admitted that the stock were killed, and the only issue is whether or not the railroad company successfully rebutted the presumption of negligence that arose against it upon proof of the killing. The evidence for the railroad company tended to show that the engineer and the fireman were in the exercise of all ordinary care and diligence, and that the killing of the stock was not due to any negligence of the defendant or its employees, but there was some evidence to contradict this, and the judge, who by agreement passed upon the case without the intervention of a jury, having decided that the presumption against the railroad was not overcome by the evidence, this court will allow his finding on the facts to stand.

Judgment affirmed.

Broyles, C. J., concurs. Luke, J., dissents.

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Bluebook (online)

103 S.E. 714, 25 Ga. App. 308, 1920 Ga. App. LEXIS 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-northern-railway-co-v-battle-gactapp-1920.

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