Strom v. Georgia Railroad & Banking Co.

Supreme Court of Georgia

Strom v. Georgia Railroad & Banking Co.

33 S.E. 30, 108 Ga. 758, 1899 Ga. LEXIS 351

CourtSupreme Court of Georgia

DecidedApril 19, 1899

StatusPublished

Cited by1 cases

This text of 33 S.E. 30 (Strom v. Georgia Railroad & Banking Co.) 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

Strom v. Georgia Railroad & Banking Co., 33 S.E. 30, 108 Ga. 758, 1899 Ga. LEXIS 351 (Ga. 1899).

Pincite

Opinion

Little, J.

As the evidence authorized a finding that the deceased was killed by the running and operation of the defendant’s train of cars, a presumption of negligence on the part of the railroad company arose under the statute, and it was therefore, on the trial of an action brought to recover damages for the homicide, erroneous to grant a nonsuit, there being no evidence showing that the deceased failed to exercise the proper diligence, or to rebut the legal presumption against the defendant.

Judgment reversed.

All the Justices concurring.

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Little, J.

As the evidence authorized a finding that the deceased was killed by the running and operation of the defendant’s train of cars, a presumption of negligence on the part of the railroad company arose under the statute, and it was therefore, on the trial of an action brought to recover damages for the homicide, erroneous to grant a nonsuit, there being no evidence showing that the deceased failed to exercise the proper diligence, or to rebut the legal presumption against the defendant.

Judgment reversed.

All the Justices concurring.

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Bluebook (online)

33 S.E. 30, 108 Ga. 758, 1899 Ga. LEXIS 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strom-v-georgia-railroad-banking-co-ga-1899.

Opinion

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