Southern Ry. Co v. Lang
| Decision Date | 02 April 1912 |
| Docket Number | (No. 3,905.) |
| Citation | Southern Ry. Co v. Lang, 74 S.E. 443, 11 Ga.App. 8 (Ga. App. 1912) |
| Parties | SOUTHERN RY. CO. v. LANG. |
| Court | Georgia Court of Appeals |
(Syllabus by the Court.)
The petition as amended was not subject to the demurrer.
There was some evidence from which the jury could find that the servants of the defendant in charge of its engine could have seen the plaintiff's cow in time to have stopped the train before striking the animal, and there was no abuse of discretion in overruling the certiorari.
[Ed. Note.—For other cases, seeCertiorari, Cent. Dig. §§ 180-182;Dec. Dig. § 68.*]
Error from Superior Court, Wayne County; C. B. Conyers, Judge.
Action by N. H. Lang against the Southern Railway Company.Judgment for plaintiff, and defendant brings error.Affirmed.
Bennet, Twitty & Reese and Littlefield & Poppell, for plaintiff in error.
Jas. R. Thomas, for defendant in error.
POTTLE, J. Judgment affirmed.
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3 cases
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Ga. Coast & P. R. Co v. Smith
...the court stating that there was some evidence to sustain the jury's finding. Compare also the following cases: Sou. Ry. Co. v. Lang, 11 Ga. App. 8, 74 S. E. 443; Atlantic Coast Line R. R. Co. v. Strickland, 125 Ga. 352, 54 S. E. 168; Sou. Ry. Co. v. Patton, 10 Ga. App. 678, 73 S. E. 1075; ......
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Georgia Coast & P.R. Co. v. Smith
... ... Negligence, like any other fact, may be established by ... circumstantial evidence as well as by direct evidence. In ... Southern Railway Co. v. Carter, 139 Ga. 237, 77 S.E ... 21, Mr. Justice Beck said: ... "In passing upon the question as to whether or not the ... evidence to sustain the jury's finding. Compare also the ... following cases: Sou. Ry. Co. v. Lang, 11 Ga.App. 8, ... 74 S.E. 443; Atlantic Coast Line R. R. Co. v ... Strickland, 125 Ga. 352, 54 S.E. 168; Sou. Ry. Co ... v. Patton, 10 Ga.App ... ...
- Southern Ry. Co. v. Lang