Supreme Court of Georgia, 1904

Central of Georgia Railway Co. v. Dich

Central of Georgia Railway Co. v. Dich
Supreme Court of Georgia · Decided October 15, 1904 · Evans
121 Ga. 65; 48 S.E. 683; 1904 Ga. LEXIS 12

Central of Georgia Railway Co. v. Dich

Opinion of the Court

Evans, J.

The only eye-witnesses to the killing of the horse were the servants of the railroad company. Their testimony was consistent, an'd demonstrated that by the exercise of ordinary care the killing of the horse could not have been averted. There was no evidence that their testimony was untrue. The presumption against the railroad company, arising from proof of the killing, was successfully overcome. The court erred in refusing to

grant a new trial. Judgment reversed.

All the Justices concur.

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