Western & Atlantic Railroad v. Jones

Court of Appeals of Georgia

Western & Atlantic Railroad v. Jones

118 S.E. 500, 30 Ga. App. 488, 1923 Ga. App. LEXIS 512

CourtCourt of Appeals of Georgia

DecidedJune 25, 1923

Docket14150

StatusPublished

Cited by1 cases

This text of 118 S.E. 500 (Western & Atlantic Railroad v. Jones) 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

Western & Atlantic Railroad v. Jones, 118 S.E. 500, 30 Ga. App. 488, 1923 Ga. App. LEXIS 512 (Ga. Ct. App. 1923).

Pincite

Opinion

Bmx, J.

The circumstantial evidence authorized the inference that the plaintiff’s mule was killed and his buggy injured by the running of the defendant’s locomotive and cars, raising the presumption of negligence against the company as alleged. There was no such positive and certain testimony from the defendant’s employees or otherwise as to demand the conclusion that the presumption was rebutted; and the coui’t did not err in overruling the defendant’s motion for a new trial.

Judgment affirmed.

Jenkins, P. J., and Stephens, J., concur.

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Bmx, J.

The circumstantial evidence authorized the inference that the plaintiff’s mule was killed and his buggy injured by the running of the defendant’s locomotive and cars, raising the presumption of negligence against the company as alleged. There was no such positive and certain testimony from the defendant’s employees or otherwise as to demand the conclusion that the presumption was rebutted; and the coui’t did not err in overruling the defendant’s motion for a new trial.

Judgment affirmed.

Jenkins, P. J., and Stephens, J., concur.

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Bluebook (online)

118 S.E. 500, 30 Ga. App. 488, 1923 Ga. App. LEXIS 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-atlantic-railroad-v-jones-gactapp-1923.

Opinion

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