Vickers v. Atlanta & West Point Railroad
Supreme Court of Georgia
Railroads. Non-suit. Before Judge Buchanan. Campbell Superior Court. February Term, 1879. Vickers, by next friend, brought case against the railroad company for a personal injury, laying his damages at $20,000.00. He alleged, in brief, that he was a minor, about ten years of age; that the injury was caused by the negligence of defendant’s agents in allowing the plaintiff and others to get on and jump off the cars while in motion; that the engineer who ran the engine tbat did…
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Railroads. Non-suit. Before Judge Buchanan. Campbell Superior Court. February Term, 1879. Vickers, by next friend, brought case against the railroad company for a personal injury, laying his damages at $20,000.00. He alleged, in brief, that he was a minor, about ten years of age; that the injury was caused by the negligence of defendant’s agents in allowing the plaintiff and others to get on and jump off the cars while in motion; that the engineer who ran the engine tbat did the injury told the plaintiff to jump on the engine while in motion, and only one or two days before the injury…
1Opinion of the Court
Bleckley, Justice.
Non-suit is a process of legal mechanics: the case is chopped off. Only in a clear, gross case is this mechanical *308treatment proper. Where there is any doubt another method is to be used. — a method involving a sort of mental chemistry ; and the chemists of the law are the jury. They are supposed to be able to examine every molecule of the evidence, and to feel every shock and tremor of its probative force.
The present is not quite a case for non-suit, though its neighborhood to that class seems very near. In section 3033, the Code affirms that “ a railroad company shall be…
2Cases cited4 opinions
- O'Mara v. . Hudson River R.R. Co.New York Court of Appeals · 1868
- Wright v. ShorterSupreme Court of Georgia · 1876
- Howard v. GreshamSupreme Court of Georgia · 1859
- Hankerson v. Southwestern RailroadSupreme Court of Georgia · 1877
3Cited by37 opinions
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Central Railroad v. BrinsonSupreme Court of Georgia · 1883
- Brown v. Savannah Electric & Power Co.Court of Appeals of Georgia · 1932
- Brown v. Service Coach Lines Inc.Court of Appeals of Georgia · 1944
- Smith v. Central Railroad & Banking Co.Supreme Court of Georgia · 1889
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