Mrs. Mary Carroll sued the Augusta Southern Railroad Company for the value of a horse killed by the running of one of its trains; the jury found a verdict in her favor; and, the company’s motion for a new trial being overruled, it brings error. No specific assignment of error of law is made. The only question involved is whether, under the facts and the law applicable thereto, the recovery was authorized. The killing of the horse was clearly shown, and the statutory presumption of negligence was thus raised against the company. It is insisted by the plaintiff in error that this presumption was fully rebutted by the evidence in its behalf. The engineer who was in charge of the train testified, that as he came around the curve, going west and running from about thirty to thirty-five miles an hour, he noticed in a lane, about 50 yards from a cut in the track,- a_ horse and colt grazing. Neither the horse nor the colt seemed to be paying any attention to the running
Augusta Southern Railroad v. Carroll
7 Ga. App. 138
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