Cent. Of Ga. Ry. Co v. Dozier

• Decision Date: 26 June 1903
• Citation: 45 S.E. 67,117 Ga. 793
• Parties: CENTRAL OF GEORGIA RY. CO. v. DOZIER.
• Court: Georgia Supreme Court

45 S.E. 67

117 Ga. 793

CENTRAL OF GEORGIA RY. CO.

v.DOZIER.

Supreme Court of Georgia.

June 26, 1903.

RAILROADS—KILLING STOCK—EVIDENCE.

1. 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 by 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, 3S S. E. 949, 113 Ga. 455; Same v. Hardin, 40 S. E. 738, 114 Ga. 548.

(Syllabus by the Court.)

Error from Superior Court, Talbot County; W. B. Butt, Judge.

Action by Allen Dozier against the Central of Georgia Railway Company. Judgment for plaintiff, and defendant brings error. Affirmed.

Little & Battle and A. J. Persons, for plaintiff in error.

J. J. Bull, for defendant in error.

LAMAR, J. Judgment affirmed. All the Justices...