Supreme Court of Georgia, 1903

Central of Georgia Railway Co. v. Dozier

Central of Georgia Railway Co. v. Dozier
Supreme Court of Georgia · Decided June 26, 1903 · Lamab
117 Ga. 793; 45 S.E. 67; 1903 Ga. LEXIS 337

Central of Georgia Railway Co. v. Dozier

Opinion of the Court

Lamab, J.

In a suit for damages for killing stock the plaintiff offered no eyewitness to the transaction. While weak and unsatisfactory, the testimony as to the tracks of the animal and other physical facts was sufficient, when aided hy the presumption of negligence, to warrant a verdict in favor of the plaintiff, notwithstanding the evidence of the engineer and fireman tended to show the exercise of ordinary care and diligence. See Central of Ga. Ry. Co. v. Harden, 113 Ga. 455, 114 Ga. 548.

Judgment affirmed.

All the Justices concur.

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