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Seaboard Air-Line Railway v. Lott

76 S.E. 596, 11 Ga. App. 839, 1912 Ga. App. LEXIS 211
CourtCourt of Appeals of Georgia
DecidedDecember 10, 1912
Docket4360
StatusPublished
Cited by1 cases

This text of 76 S.E. 596 (Seaboard Air-Line Railway v. Lott) 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
Seaboard Air-Line Railway v. Lott, 76 S.E. 596, 11 Ga. App. 839, 1912 Ga. App. LEXIS 211 (Ga. Ct. App. 1912).

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 [840]*840seen, 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.

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Related

Atlantic Coast Line Railroad v. Paulk
125 S.E. 865 (Court of Appeals of Georgia, 1924)

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Bluebook (online)
76 S.E. 596, 11 Ga. App. 839, 1912 Ga. App. LEXIS 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seaboard-air-line-railway-v-lott-gactapp-1912.