Western & Atlantic Railroad v. Treadaway
Western & Atlantic Railroad v. Treadaway
Opinion of the Court
The evidence adduced on the trial of the case showed that the cows were killed about 7:20 p.m. on October 14, 1959, that it was dark and raining, and that the track at the place of the killing was straight. The engineer in charge of the train, testified that it was running about 60 miles per hour; that he was looking ahead and did not see the cows until they were about 300 feet, more or less, from them; that he
.Under these factp and circumstances the jury was authorized to find that the.engineer could, by the exercise of due care, have observed the dangerous situation of the cows in.time to have given sufficient warning to disperse them from the track. Bugg v. Huffman, 33 Ga. App. 630. (127. S. E. 657). Accordingly, the verdict was. authorized by the evidence, and the trial court did not err in denying the defendant’s motion for judgment notwithstanding the verdict.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.