108 Ga. 437 | Ga. | 1899
J. H. Powell brought suit in a justice’s court .against the South Carolina & Georgia Railway Company, for damages resulting from the killing of a mule by its train. The ■case was tried on appeal in Glascock superior court, where a verdict was rendered by the jury for the plaintiff for $75. The defendant made its motion for a new trial, on the general grounds that the verdict was contrary to the evidence and without evidence to support it, and contrary to law. It appeared on the trial of the case that the mule was killed on the defendant’s track at night by its passenger-train. It was shown in behalf of the defendant, that its employees in charge of the moving train were in the exercise of all ordinary care and diligence when the accident occurred. The testimony of the engineer was to the effect that he did not see the animal until within fifteen or twenty yards of it, and that it was utterly impossible for him to stop the train before striking the mule. He did all in his power by reversing the engine and putting on brakes, and had no time to blow the alarm, whistle before the animal was hit. It further appeared from the testimony that in traveling at night at that rate of speed a mule could not be seen suf
Judgment reversed.