Atlantic Coast Line Railroad v. Strickland
Atlantic Coast Line Railroad v. Strickland
Opinion of the Court
Under the evidence, an issue of fact was clearly made. The engineer estimated that the cattle were seen at a distance of 100 yards, while the plaintiff’s witness testified that the distance by actual measurement was 410 yards. Thus the conflict of testimony was not as to the opinion of plaintiff’s witness as to distance, as was the case in Central Ry. Co. v. Waxelbaum, 111 Ga. 812. The plaintiff’s witness observed the place where the train was at the time it blew the signal. Beginning at that point on the track, he measured the distance to the place where the cattle were struck by the train. This distance was 410 yards. The jury had the right to accept this as the true distance of the train from the cattle at the time the engineer testified he saw the cattle and blew the whistle. As the engineer testified that within this distance he
Judgment affirmed.-
Case-law data current through December 31, 2025. Source: CourtListener bulk data.