Seaboard Air-Line Railway v. Lott

76 S.E. 596, 11 Ga. App. 839, 1912 Ga. App. LEXIS 211

Opinions

Pottle, J.

This being' an action against a railway company for the negligent killing of a mule by one of its locomotives, and tlie uncontradicted evidence being that the mule suddenly came upon the track in front of the engine from behind a house, where it could, not have been seen, and that it was impossible to have stopped the train after the mule was seen, the statutory presumption of negligence, arising from proof of the killing, was overcome, and there could not be a recovery. Atlantic Coast Line R. Co. v. Whitaker, 10 Ga. App. 207 (73 S. E. 34).

Decided December 10, 1912.

Action for damages; from city court of Saint Marys — Judge Atkinson. June 22, 1912.

Bolling Whitfield, for plaintiff in error. J. Roy Lang, S. C. Townsend, contra.

Judgment reversed.