Western & A.R. Co. v. Trimmier

• Decision Date: 09 December 1889
• Citation: 10 S.E. 503,84 Ga. 112
• Parties: WESTERN & A. R. CO. v. TRIMMIER.
• Court: Georgia Supreme Court

10 S.E. 503

84 Ga. 112

WESTERN & A. R. CO. v. TRIMMIER.

Supreme Court of Georgia

December 9, 1889

Error from superior court, Catoosa county; MILNER, Judge.

W. H. Payne, by R. J. McCamy, for plaintiff in error.

W. E. Mann, for defendant in error.

BLANDFORD, J.

This was an action, brought in a justice's court, by the defendant in error, against the railroad company, to recover damages for the killing of a cow. Upon the trial of the case in the court below, the plaintiff showed that his cow had been killed, and was found near the track of the railroad company. The railroad company showed by its witnesses, who were uncontradicted, that they saw the cow a little distance off from the track, when the train was running down grade, and very rapidly; that the cow turned, and came upon the track; and that everything was done that they could do to prevent the injury, but that it was impossible to stop the train in time to prevent it. Judgment was rendered in the justice's court against the railroad company; and thereupon the railroad company filed its petition for certiorari to the superior court, setting up the facts above stated. The judge of the superior court dismissed the certiorari, and the railroad company excepted.

We think, under the facts of this case, that the court below should have sustained the certiorari, and we now so order and direct. Judgment reversed with directions.