Southern Railway Co. v. Pool
Southern Railway Company v. Pool
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Lewis, J.
Judgment affirmed.
All the Justices concurring.
When a horse in a city, town, or village is quietly grazing on an unused street between the railroad-track and a barbed-wire fence near by, in plain view of the employees of the railroad company having control of an approaching train, the company is liable to the owner of the animal for injuries it sustains in consequence of being frightened by the wanton, unnecessary, and unusual blowing of the locomotive whistle which causes the animal to become injured by running into the fence. There was evidence to sustain this theory of the plaintiff’s case, and the court therefore did not err in overruling defendant’s petition for certiorari on the ground that the verdict of the jury in the justice’s court was contrary to evidence. Georgia Railroad v. Carr. 73 Ga. 558 ; Morgan v. Central Railroad, 77 Ga. 788, 792; Atlanta & W. P. R. Co. v. Hudson, 62 Ga. 680.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 6 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.