Central Railroad v. Dottenheim
Supreme Court of Georgia
Action for damages. Before Judge Miller. Bibb superior court. April term, 1892. The plaintiff obtained a verdict for $2,500 for personal injuries received by him by the wrecking of a railroad train on which he was a passenger, and a motion by the railroad company for a new trial was overruled.
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Action for damages. Before Judge Miller. Bibb superior court. April term, 1892. The plaintiff obtained a verdict for $2,500 for personal injuries received by him by the wrecking of a railroad train on which he was a passenger, and a motion by the railroad company for a new trial was overruled. The grounds of the motion (other than those referred to in the last head-note, which are not material here) are as follows: 1. Error in not permitting "Willis, a witness offered by defendant, “to describe the axle that had been Brought to him and which was reputed to have Been Brought to him from ” the…
1Opinion of the Court
*426 Judgment reversed.
The court further charged: “The measure of damages, when you settle these facts under the evidence, is this: First, if you find his capacity to labor, make money, has been permanently diminished, you would determine how much. If, for instance, a man was earning $2,000 a year and the effect of the injury would be to leave him able only to earn $1,000, you would of course see his earning capacity would be diminished one half. That is merely an illustration ; so you take it and find out if his earning capacity has been diminished, and to what fractional extent; then find out…
2Cited by18 opinions
- Fields v. JacksonCourt of Appeals of Georgia · 1960
- Alabama Great Southern Railroad v. BrownSupreme Court of Georgia · 1912
- Atlantic Coast Line R. Co. v. ThomasCourt of Appeals of Georgia · 1951
- Western & Atlantic Railroad v. RobertsSupreme Court of Georgia · 1915
- Atlantic Coast Line Railroad v. DrakeCourt of Appeals of Georgia · 1917
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