Legal Opinion

Savannah, Florida & Western Railway Co. v. Hatcher

Supreme Court of Georgia

Decided June 30, 1903PublishedCited by 36 opinions

Action for damages. Before Judge Dart. Ware superior court. December 30, 1902.

1Opinion of the Court

.Lamar, J.

The judgment of the court overruling the demurrer having been affirmed (S., F. & W. Ry. Co. v. Hatcher, 115 Ga. 379), on the trial the plaintiff recovered a verdict. Error is assigned because the court charged “sections 2322 and 3830 of the Civil Code in immediate connection with each other,' without other explanation as to the classes of cases to which each was applicable, when as a matter of law they should be applied to entirely different and distinct classes of cases.” This charge requires the grant of a new trial, under the' express rulings in Americus R. Co. v. Luckie, 87 Ga.…

2Cases cited3 opinions

  1. Americus, Preston & Lumpkin Railroad v. LuckieSupreme Court of Georgia · 1891
  2. Macon, Dublin & Savannah Railroad v. MooreSupreme Court of Georgia · 1896
  3. Savannah, Florida & Western Railway Co. v. HatcherSupreme Court of Georgia · 1902

3Cited by36 opinions

  1. Atlanta, Knoxville & Northern Railway Co. v. GardnerSupreme Court of Georgia · 1905
  2. Bryant v. StateSupreme Court of Georgia · 1941
  3. Gill v. WillinghamSupreme Court of Georgia · 1923
  4. Macon & Birmingham Railway Co. v. ParkerSupreme Court of Georgia · 1907
  5. Morrison v. DickeySupreme Court of Georgia · 1904

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