Southern Railway Co. v. Powell

Supreme Court of Georgia

Southern Railway Co. v. Powell

33 S.E. 951, 108 Ga. 791, 1899 Ga. LEXIS 422

CourtSupreme Court of Georgia

DecidedJuly 20, 1899

StatusPublished

Cited by1 cases

This text of 33 S.E. 951 (Southern Railway Co. v. Powell) 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. Powell, 33 S.E. 951, 108 Ga. 791, 1899 Ga. LEXIS 422 (Ga. 1899).

Pincite

Opinion

Little, J.

1. A charge the effect of which was to instruct a jury that it was an open question for their determination whether or not, upon a given state of facts, a railroad company had exercised due diligence, was erroneous whjn, upon that state of facts, it was manifest, as matter of law, that the company had exercised due diligence.

2. The evidence showed that the plaintiff’s mule was killed by the running of the defendant’s train, and thereupon the legal presumption arose that the defendant was negligent; but as this presumption was fully and completely rebutted by uncontradicted evidence, the verdict was wholly unwarranted, and therefore contrary to law.

Judgment reversed.

All the Justices concurring.

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