Savannah, Thunderbolt & Isle of Hope Ry. v. Beasley
Supreme Court of Georgia
Action for damages. Before Judge MacDonell. City court of Savannah. July term, 1893. Jake Beasley sued the railroad company for personal injuries sustained by Mm from a collision of its electric car with a wagon be was driving, and obtained a verdict for $100. Defendant moved for a new trial on tbe general grounds, and upon tboso stated in tbe opinion; and the motion was overruled. The evidence on the question of negligence, was directly conflicting.
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Action for damages. Before Judge MacDonell. City court of Savannah. July term, 1893. Jake Beasley sued the railroad company for personal injuries sustained by Mm from a collision of its electric car with a wagon be was driving, and obtained a verdict for $100. Defendant moved for a new trial on tbe general grounds, and upon tboso stated in tbe opinion; and the motion was overruled. The evidence on the question of negligence, was directly conflicting. The collision occurred upon a public road crossing just out of Savannah, on a dark, rainy night in March, 1898, between seven and eight o’clock.…
1Opinion of the Court
Simmons, Justice.
1. Counsel for defendant requested the court to charge .as follows: “If both the plaintiff and defendant are at fault, damages are to be diminished in proportion to the fault attributable to the plaintiff.” When the judge reached the subject of contributory negligence, in his charge, he read this request to the jury as a part of his charge. Counsel for the defendant thereupon interrupted the judge and stated that if the request was written as read by the court, it was a clerical error, and that he desired the court to state the proviso in the law "that recovery could be had…
2Cited by9 opinions
- Underwood v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1962
- Flanigan v. RevilleCourt of Appeals of Georgia · 1963
- Macon Railway & Light Co. v. BarnesSupreme Court of Georgia · 1904
- Atlantic Coast Line Railroad v. MooreCourt of Appeals of Georgia · 1910
- Big Apple Super Market of Peachtree, Inc. v. W. J. Milner & Co.Court of Appeals of Georgia · 1965
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