Southern Railway Co. v. Early

Supreme Court of Georgia

Southern Railway Co. v. Early

31 S.E. 187, 105 Ga. 512, 1898 Ga. LEXIS 654

CourtSupreme Court of Georgia

DecidedJuly 26, 1898

StatusPublished

Cited by1 cases

This text of 31 S.E. 187 (Southern Railway Co. v. Early) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Southern Railway Co. v. Early, 31 S.E. 187, 105 Ga. 512, 1898 Ga. LEXIS 654 (Ga. 1898).

Pincite

Opinion

Lewis, J.

The presumption of negligence against the company, arising from proof of the killing of live stock hy the running of its train, was rebutted and overcome by uncontradicted and unimpeached testimony clearly showing that the defendant was in the exercise of all ordinary and reasonable care and diligence when the injury occurred. The verdict for the plaintiff, therefore, was contrary to evidence, and the judge erred in not sustaining the petition for cer-,. tiorari on this ground.

Judgment reversed.

All the Justices concurring.

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Lewis, J.

The presumption of negligence against the company, arising from proof of the killing of live stock hy the running of its train, was rebutted and overcome by uncontradicted and unimpeached testimony clearly showing that the defendant was in the exercise of all ordinary and reasonable care and diligence when the injury occurred. The verdict for the plaintiff, therefore, was contrary to evidence, and the judge erred in not sustaining the petition for cer-,. tiorari on this ground.

Judgment reversed.

All the Justices concurring.

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Bluebook (online)

31 S.E. 187, 105 Ga. 512, 1898 Ga. LEXIS 654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-railway-co-v-early-ga-1898.

Opinion

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