Georgia Southern & F. Ry. Co. v. Tyson

• Decision Date: 05 June 1912
• Docket Number: 3,889.
• Citation: Georgia Southern & F. Ry. Co. v. Tyson, 74 S.E. 1098, 11 Ga.App. 233 (Ga. App. 1912)
• Parties: GEORGIA SOUTHERN & F. RY. CO. v. TYSON.
• Court: Georgia Court of Appeals

74 S.E. 1098

11 Ga.App. 233

GEORGIA SOUTHERN & F. RY. CO. v. TYSON.

No. 3,889.

Court of Appeals of Georgia

June 5, 1912

Syllabus by the Court.

The statutory presumption arising on proof that the cow of the plaintiff was killed by the running of the defendant's locomotive and train was not fully rebutted.Besides there were circumstances supporting the presumption.The judgment is affirmed, and 10 per cent. damages on the judgment is awarded, for frivolous appeal.

Error from Superior Court, Tift County; W. E. Thomas, Judge.

Action by W. E. Tyson against the Georgia Southern & Florida Railway Company.Judgment for plaintiff, and defendant brings error.Affirmed.

Jno.I. & J. E. Hall, of Macon, and Fulwood & Murray, of Tifton, for plaintiff in error.

J. S. Ridgdill, of Tifton, for defendant in error.

HILL, C.J.

Judgment affirmed.