Ga. S. & F. Ry. Co v. Sanders

• Decision Date: 08 June 1900
• Citation: 36 S.E. 458,111 Ga. 128
• Court: Georgia Supreme Court
• Parties: GEORGIA S. & F. RY. CO. v. SANDERS.

111 Ga. 128

36 S.E. 458

GEORGIA S. & F. RY. CO.

v.SANDERS.

Supreme Court of Georgia.

June 8, 1900.

RAILROADS—KILLING STOCK—EVIDENCE.

When it is shown by a plaintiff, in an action against a railroad company to recover damages for killing a cow, that the animal was killed by the running and operation of a train of cars, the law raises a presumption of negligence against the company, and, without more, the plaintiff is entitled to recover the value of the animal killed.Such presumption, however, may be rebutted; and when the evidence of the engineer and fireman on the locomotive which struck the animal is to the effect that she came upon the track suddenly, and immediately in front of the locomotive, and that all reasonable and ordinary diligence was used to prevent striking the animal, but without avail, such presumption is successfully rebutted; and, when there is no evidence disproving or tending to disprove this evidence of the train men, the owner is not entitled to recover.

(Syllabus by the Court.)

Error from superior court, Lowndes county; J. S. Candler, Judge.

Action by J. G. Sanders against the Georgia Southern & Florida Railway Company.Judgment for plaintiff.Defendant brings error.Reversed.

John I. Hall and J. G. Crawford, for plaintiff in error.

A. T. Woodward and Edward R. Austin, for defendant in error.

LITTLE, J.If there is any one question settled by general law and the interpretation by this court of our statutes, it is, we think, that of the liability of a railroad company to respond in damages to the owner for the killing of live stock by the running and operation of the engines and cars of a railroad company.There are duties owing by the railroad company to the owners of stock, and by such owners to the railroad company.The latter is entitled to the free and unobstructed use of its track, while the owner is entitled to have redress for the willful or negligent killing or injury to his stock, and, while the owner may not be compelled to keep his stock so that they will not trespass on the railroad track, so a railroad company, in an effort to prevent the injury or killing of stock which has wandered on the track, cannot be held liable for such killing or injury when it has been guilty of no negligence, but in good faith has endeavored to prevent such injury or killing.When stock has been injured or killed by the running of a locomotive or train of cars, and such fact is shown, the law presumes that the company was guilty of...