Georgia Court of Appeals, 1933

Lowry v. Central of Georgia Railway Co.

Lowry v. Central of Georgia Railway Co.
Georgia Court of Appeals · Decided February 8, 1933 · Stephens
46 Ga. App. 356; 167 S.E. 786; 1933 Ga. App. LEXIS 66

Lowry v. Central of Georgia Railway Co.

Opinion of the Court

Stephens, J.

1. This being a suit to recover damages for the alleged negligent killing of the plaintiff’s mule by a train of the defendant, and there being evidence of the value of the mule and also evidence which *357would authorize the inference that the mule was killed by the negligent operation of the defendant’s train, the court erred in directing a verdict for the defendant.

Decided February 8, 1933. S. W. Fariss¡ for plaintiff. Rosser & Shaw, Maddox, Matthews &■ Owens, for defendant.

2. It does not appear from the assignment of error that the court erred in excluding certain testimony of a witness as to the distance within which a train operated as the defendant’s train was operated could be brought to a complete stop.

Judgment reversed.

Jenkins, P. J., and Sutton, J., concur.

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