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Supreme Court of Georgia, 1898

Central of Georgia Railway Co. v. Wood

Central of Georgia Railway Co. v. Wood
Supreme Court of Georgia · Decided June 8, 1898 · Lumpkin
105 Ga. 499; 30 S.E. 933; 1898 Ga. LEXIS 623

Central of Georgia Railway Co. v. Wood

Opinion of the Court

Lumpkin, P. J.

This being an action against a railway company for the killing of live stock by a train; in which the plaintiff’s alleged right to recover depended upon the presumption of negligence raised *500by law against the defendant, and the uncontradieted evidence in its behalf showing that its servants in charge of the train exercised ordinary care and diligence in endeavoring to prevent the collision, this presumption was rebutted, and consequently the verdict against the company was contrary to law and should have been set aside. '

Argued May 23, Decided June 8, 1898.Action-for damages. Before Judge Callaway. Washington superior court. September term, 1897.Lawton & Cunningham and Rawlings & Hardwick, for plain- ' tiff in error. Evans & Evans, contra.

Judgment reversed.

All the Justices concurring.

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

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