110 Ga. 659 | Ga. | 1900
The plaintiff brought an action against the defendants, to recover damages on account of injuries which it was alleged had been inflicted by the negligence of the servants of the defendants on certain live stock which they had undertaken to transport for the plaintiff from Atlanta to Athens. See Cooper v. Railroad Companies, 105 Ga. 83. The petition set. forth two elements of damage. It was alleged, first, that one mule worth a stated sum had been rendered practically worthless by having one leg broken, this injury resulting from the mule getting its foot hung in the open lattice-work forming the side of the car in which the stock were shipped. Thd other-element of damage was alleged to have arisen from the conduct of the defendants in unloading the stock at Athens, after the hour of midnight, into an open pen or inclosure while the weather was very cold and a strong biting wind or blizzard was. blowing, in which inclosure the stock remained the balance of the night, and from such exposure they contracted distemper, and on account of this were injured and damaged in a stated sum. The defendants answered, denying the material allegations of the petition. The case went to trial, and a verdict was returned in favor of the defendants. The plaintiff’s motion for a new trial having been overruled, he sued out a bill of exceptions to this court, complaining of the refusal of the court to-grant a new trial.
The foregoing deals with all of the assignments of error which are of sufficient importance to be discussed at length, or which relate to matters which will probably arise at another trial. As the case goes back for another hearing, no opinion on the evidence is expressed. If the defendants fail to overcome the presumption of law, that they were guilty of gross negligence in the way in which they transported, .took care of, and delivered the stock, which presumption would arise as soon as the plaintiff shows that the stock were injured while in the possession of the defendants, a recovery in behalf of the plaintiff
Judgment reversed.