Supreme Court of Georgia, 1901

Western & Atlantic Railroad v. Strickland

Western & Atlantic Railroad v. Strickland
Supreme Court of Georgia · Decided November 7, 1901 · Lewis
114 Ga. 133; 39 S.E. 943; 1901 Ga. LEXIS 604

Western & Atlantic Railroad v. Strickland

Opinion of the Court

Lewis, J.

The uncontradicted evidence being to the effect that the plaintiff’s mare, hitched to a dray, was' left standing'in a public street with the bridle-rein thrown loosely over a hitching-post; that, for some reason not disclosed by the record, the animal ran away in the direction of the railroad-track of the defendant company and dashed into the side of a moving train which was at the time passing over the railroad-crossing, and there being no evidence of any negligence on the part of the defendant’s employees in charge of the train, *134contributing to the damage, a verdict in favor of the plaintiff was contrary to law and the evidence and should have been set aside on motion for a new-trial. See Georgia Southern & Florida R. Co. v. Williams, 98 Ga. 253 ; Central of Georgia R. Co. v. Neidlinger, 110 Ga. 329.

Argued October 12, Decided November 7, 1901.Action for damages. Before Judge Harris. City court of Cartersville. April 15, 1901.Payne & Tye and J. M. Neel, for plaintiff in error. John T. Norris, contra.

Judgment reversed.

All the Justices concurring.

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