3 Ga. App. 552 | Ga. Ct. App. | 1908
Bivings sued the railroad company for damages resulting from an injury to a horse while being loaded into a freight box-car of the company at its freight depot in Dalton.
The injury to the horse was not caused by the moving of the ears or locomotives of the railroad company; and therefore there is no presumption of negligence against the company. Civil Code, §2321. Nor had the horse, at the time of the injury, been received into the custody of the carrier. Civil Code, §2264. It was incumbent upon the plaintiff to show that the company was negligent, and that this negligence caused or contributed to the injury of the horse. Civil Code, §5160. The evidence wholly fails to show any negligence on the part of the railroad company, but does clearly show that the injury to the horse was caused solely by the negligence of the agent of the plaintiff. The verdict is in direct contravention of §2322 of the Civil Code, which declares, “No person shall recover damages from a railroad company for injury to himself or his property, where the same is done by Ms consent, or is caused by his own negligence.”
Judgment reversed.