Georgia M. & G.R. Co. v. Harris

• Court: Georgia Supreme Court
• Writing for the Court: SIMMONS, J.
• Citation: Georgia M. & G.R. Co. v. Harris, 9 S.E. 786, 83 Ga. 393 (Ga. 1889)
• Decision Date: 24 May 1889
• Parties: GEORGIA M. & G. R. CO. v. HARRIS.

9 S.E. 786

83 Ga. 393

GEORGIA M. & G. R. CO. v. HARRIS.

Supreme Court of Georgia

May 24, 1889

Error from superior court, Harris county; SMITH, Judge.

Goetchius & Chappell, for plaintiff in error.

Thornton & Cameron, for defendant in error.

SIMMONS J.

Mrs Harris sued the railroad company for damages, alleging that the company had killed three of her cows. The defendant admitted that the cows were killed by the running of its train, and undertook to remove the presumption cast upon it by the law. The explanation of the defendant by the railroad employés was that it was a dark, foggy night; that the cows could not have been seen more than 25 or 30 yards, on account of the mist that prevailed at the time; that the train was a passenger train, and was running on schedule time, about 25 miles an hour; that the engine and the train were both in good condition, and the appliances for stopping the train were first class, it being supplied with air-brakes in perfect condition, and that the engine had a good head-light that the rails were wet, and the brakes did not hold as well when the track was wet as when dry; and that the light from the head-light was intercepted by the fog. The engineer...