Charleston & Western Carolina Railway Co. v. Hart
Court of Appeals of Georgia
Action for damages; from city court of Richmond county— Judge Black. February 7, 1918. Mrs. Hart obtained a verdict for $200 in an action against the railway company for damages on account of alleged negligence of the conductor of a train on which she was a passenger, to whom she gave her ticket for transportation to Parksville, telling him that she was going to that place, and who (according to her testimony), on being asked by her at a certain station at which she had…
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Action for damages; from city court of Richmond county— Judge Black. February 7, 1918. Mrs. Hart obtained a verdict for $200 in an action against the railway company for damages on account of alleged negligence of the conductor of a train on which she was a passenger, to whom she gave her ticket for transportation to Parksville, telling him that she was going to that place, and who (according to her testimony), on being asked by her at a certain station at which she had started to leave the train, “Is this the town?” replied, “This is the place;” thus causing her to leave the train at that…
1Opinion of the CourtLuke, J.
The evidence in this case does not show that the injury alleged to have been sustained by the plaintiff was more than mental anguish and physical pain unaccompanied by physical injury to the person.Her inconvenience and physical illness were not a natural or reasonable consequence of the defendant’s alleged tort, nor could the defendant have anticipated that such a consequence would naturally or reasonably *162flow therefrom. The court erred in overruling the defendant’s motion for a new trial. See Western Union Tel. Co. v. Knight, 16 Ga. App. 203 (84 S. E. 986) ; Goddard v. Waters, 14 Ga. App.…
2Cases cited3 opinions
- Goddard v. WattersCourt of Appeals of Georgia · 1914
- Southern Railway Co. v. JacksonSupreme Court of Georgia · 1916
- Western Union Telegraph Co. v. KnightCourt of Appeals of Georgia · 1915
3Cited by3 opinions
- Gardner v. Newnan HospitalCourt of Appeals of Georgia · 1938
- Pettett v. ThompsonCourt of Appeals of Georgia · 1924
- Western Union Telegraph Co. v. MurrowCourt of Appeals of Georgia · 1929