Dean v. Hilton & Dodge Lumber Co.

• Court: Georgia Court of Appeals
• Writing for the Court: RUSSELL, J.
• Citation: Dean v. Hilton & Dodge Lumber Co., 6 Ga.App. 480, 65 S.E. 300 (Ga. App. 1909)
• Decision Date: 31 July 1909
• Docket Number: 1,360.
• Parties: DEAN v. HILTON & DODGE LUMBER CO.

65 S.E. 300

6 Ga.App. 480

DEAN v. HILTON & DODGE LUMBER CO.

No. 1,360.

Court of Appeals of Georgia

July 31, 1909

Syllabus by the Court.

The defendant, the owner of a private tram road, was sued by the plaintiff for the value of live stock alleged to have been killed by one of the defendant's tram engines. The defendant admitted that its engine had killed the stock, but denied negligence. Other than the fact of killing, there was no proof from which the jury could infer negligence. Held, that the plaintiff failed to make out a prima facie case.

In such a case the court erred in refusing to allow the plaintiff to prove that the defendant's locomotives and cars were not equipped with brakes.

The court, therefore, erred in disposing of the case by directing a verdict for the defendant. Proctor & Gamble Co. v Blakely Oil Co., 128 Ga. 606, 57 S.E. 879.

Error from Superior Court, McIntosh County; P. E. Seabrook, Judge.

Action by S. R. Dean against the Hilton & Dodge Lumber Company. Judgment for defendant, and plaintiff brings error. Reversed.

Charles M. Tyson, for plaintiff in error.

Garrard & Meldrim and E. A. Cohen, for defendant in error.

...