1 Ga. App. 714 | Ga. Ct. App. | 1907
Harris brought suit against the street-railway company for damages on account of injuries alleged to have been inflicted by them upon his horse, and recovered a verdict. He attempted to substantiate his case only by the following proof: At about eleven o’clock one morning the horse escaped from the plaintiff’s lot; at about six or seven o’clock the next morning it was found standing under a tree, about thirty or forty feet away from the track of the defendant’s "river line;” and the ground was pawed up, around where it was standing. Its hip was broken, but there were no marks of external violence, no bruises on skin or flesh. The city inspector came, condemned it, and caused it to be killed.' The plaintiff testified, that between the rails of the car line he saw one horse track pointing in the direction of the place where the horse was found; but between this track and the place where the horse was standing there were no other signs. It had been raining very hard during the night. The horse was found outside the city limits, near Bellwood avenue and Elliott street. The car line runs down Bellwood avenue. The city inspector swore that the horse’s leg was broken just below the hip joint; there were no exterior marks of violence or bruises of any kind on skin or flesh; the hair was not knocked off. The horse was skinned and quartered, and its leg examined; the thigh-bone was broken about where the breeching usually strikes a horse. ' The only other evidence for the plaintiff consisted of proof of two .circumstances, which we shall presently show were not, under legal rules, entitled to any probative value. (1) A witness living on Bellwood avenue detailed a set of circumstances from which it was reasonably inferable that, about six o’clock in the evening of the day before the horse was found, a street-car stopped at a point on Bellwood avenue near where the horse was found, which was not a regular stopping place for these cars, though he did not see the car stop. (2) Another witness testified, that early in the morning of the day the horse was found, she saw a man in uniform coming from the direction where the horse was afterwards found; he got upon the front of a street-car which had stopped in the street, and, when he got aboard, the car went on. The defendant produced all of its motormen who had run ears on the "river line” between the hours in question, and each of them testified that his car did not strike any horse and did not stop that night away from the regular stop
However willing we are to commit to the jury the solution of every question of fact, yet in the very nature of things, when the determination of the issue rests not -on direct proof, but on circumstances, there exists a point where the inferences to be drawn can not, as a matter of law, be sufficient to support a verdict. Every item in the universal category of things, in some sense-more or less remote, tends to prove any supposable conclusion. The trite quotation, “as far as the east is from the west,” is the standing simile of superlative separation, and yet the east and the west meet; we have only to travel far enough to the east to finally arrive at the west, and vice versa. The law contemplates no such-metaphysical projections of its maxims; they are to be taken, understood, and applied in a reasonable sense only. When the party upon whom the burden of an issue rests seeks to carry it, not by direct proof, but by inferences, he has not, in this reasonable sense, submitted any evidence for a jury’s decision, until the circumstances he places in proof tend in some proximate degree to establish the conclusion he claims; and for this, the facts shown must not only reasonably support that conclusion, but also render less probable all inconsistent conclusions. The established fundamental rules applicable to circumstantial evidence are the same in civil as in criminal trials. In both cases it is required that the circumstances relied upon be not only consistent with the conclusion sought to be established, but also inconsistent with every other reasonable hypothesis. In civil cases this consistency with the one and inconsistency with the other is required to be established only by a mere preponderance; in criminal cases, to the exclusion of reasonable doubt.
Applying these rules, we are constrained to hold that the circumstances which were left for legitimate consideration in the case at bar were wholly insufficient to justify a verdict for the plaintiff. The two circumstances, — the horse standing under a tree near the street and near the ear track, bearing an injury capable of being inflicted as well by numerous other agencies, likely to be found upon the street -or in the other places into which the horse may have wandered, as by a street-car, and indeed more prob