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WESTERN & ATLANTIC RAILROAD v. TREADAWAY

38730.

103 Ga. App. 511 (1961)

119 S.E.2d 716

WESTERN & ATLANTIC RAILROAD v. TREADAWAY.

Court of Appeals of Georgia.

Rehearing Denied April 14, 1961.

Attorney(s) appearing for the Case

Hugh M. Dorsey, Jr., Neel, Ault & Whiteside, E. S. Ault, for plaintiff in error.

Henson, Greene & Greene, James E. Greene, contra.

JORDAN, Judge.

The evidence adduced on the trial of the case showed that the cows were killed about 7:20 p. m. on October 14, 1959, that it was dark and raining, and that the track at the place of the killing was straight. The engineer in charge of the train testified that it was running about 60 miles per hour; that he was looking ahead and did not see the cows until they were about 300 feet, more or less, from them; that he

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