Georgia Court of Appeals, 1910

Burns v. Reese

Burns v. Reese
Georgia Court of Appeals · Decided February 10, 1910 · Hill
7 Ga. App. 387; 66 S.E. 982; 1910 Ga. App. LEXIS 306

Burns v. Reese

Opinion of the Court

Hill, C. J.

1. The law applicable to the issues made by the evidence was fairly, fully, and correctly presented to the jury. The exceptions to excerpts therefrom, as well as the complaints that certain wi'itten requests were refused, are entirely without merit.

2. The evidence may have preponderated in favor of the contention of the defendant that the injury to the mare was due to inherent viciousness; but there were some facts from which the jury might reasonably have inferred that the defendant failed to exercise that extraordinary diligence imposed by law upon every livery-stable keeper (Civil Code, §2943) ; and, therefore, this court can not revérse the judgment of the lower court in refusing to grant another trial. Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.