Griffin v. Hines

Court of Appeals of Georgia

Griffin v. Hines

102 S.E. 380, 25 Ga. App. 19, 1920 Ga. App. LEXIS 561

CourtCourt of Appeals of Georgia

DecidedMarch 3, 1920

Docket11087

StatusPublished

This text of 102 S.E. 380 (Griffin v. Hines) 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

Griffin v. Hines, 102 S.E. 380, 25 Ga. App. 19, 1920 Ga. App. LEXIS 561 (Ga. Ct. App. 1920).

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Opinion

Broyles, C. J.

In this case the evidence of the railroad employees (the engineer and fireman of the train that struck and killed the plaintiff’s mule), which showed that they exercised all ordinary and reasonable care and diligence to avoid injuring the mule, was contradicted in several material respects by evidence introduced by the plaintiff. It was therefore a question for the jury to decide whether the presumption of negligence against the defendant, which arose when it was shown that the animal had been killed by the running of one of the defendant’s trains, was rebutted by the evidence adduced; and the court erred in directing a verdict for the defendant.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Broyles, C. J.

In this case the evidence of the railroad employees (the engineer and fireman of the train that struck and killed the plaintiff’s mule), which showed that they exercised all ordinary and reasonable care and diligence to avoid injuring the mule, was contradicted in several material respects by evidence introduced by the plaintiff. It was therefore a question for the jury to decide whether the presumption of negligence against the defendant, which arose when it was shown that the animal had been killed by the running of one of the defendant’s trains, was rebutted by the evidence adduced; and the court erred in directing a verdict for the defendant.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Bluebook (online)

102 S.E. 380, 25 Ga. App. 19, 1920 Ga. App. LEXIS 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-hines-gactapp-1920.