Legal Opinion

Western & Atlantic Railroad v. Harris

Supreme Court of Georgia

Decided July 15, 1872PublishedCited by 1 opinion

Interrogatories. Before Judge Hopkins. Fulton Superior Court. October Term, 1871. Peter C. Harris brought case against the Western and Atlantic Railroad for $5,000 damages, alleged to have been sustained by plaintiff by reason of the negligence and carelessness of the- defendant in the transportation, as a common carrier, of a blooded stallion by the name of “Brattleboro,” from the city of Atlanta to the town of Kingston, along the line of said railroad, by which said…

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Interrogatories. Before Judge Hopkins. Fulton Superior Court. October Term, 1871. Peter C. Harris brought case against the Western and Atlantic Railroad for $5,000 damages, alleged to have been sustained by plaintiff by reason of the negligence and carelessness of the- defendant in the transportation, as a common carrier, of a blooded stallion by the name of “Brattleboro,” from the city of Atlanta to the town of Kingston, along the line of said railroad, by which said stallion was permanently injured. Upon the trial the depositions of Julius A. Peck, L. Q,. Stone, Augustus R. Jones, and Peter…

1Opinion of the Court

McCay, Judge.

This case turns upon but one point. Was it error in the Court to refuse to rule out the addition made by the commissioners? We are not prepared to say that the power of the commissioners is exhausted when they have once examined the witness and affixed their signatures to the certificate. Under proper circumstances they may have a right to set down additional answers. But in our judgment it must affirmatively appear that the additional answer is taken as part of the original transaction, at the same time and place. The other side has a right to ask, for instance, and know who is…

2Cited by1 opinion

  1. Davis v. Central RailroadSupreme Court of Georgia · 1878

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