Parker v. Georgia Pacific Railway Co.
Supreme Court of Georgia
New trial. Evidence. Practice. Witness. Railroads. Negligence. Master and servant. Charge of court. Verdict. Before Judge Van Epps. City court of Atlanta. June term, 1889. G-ordon Parker sued the railroad company for damages. On February 19,1884, his right arm was mashed by the dead-blocks of moving cars while he was coupling. He gave proper signals and was using all possible care. It was his duty to make a coupling then and there.
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New trial. Evidence. Practice. Witness. Railroads. Negligence. Master and servant. Charge of court. Verdict. Before Judge Van Epps. City court of Atlanta. June term, 1889. G-ordon Parker sued the railroad company for damages. On February 19,1884, his right arm was mashed by the dead-blocks of moving cars while he was coupling. He gave proper signals and was using all possible care. It was his duty to make a coupling then and there. He knew what a brakeman ought to do, and all about the rules of the road, as a brakeman. He supposed the book shown to him by counsel, marked “rulebook,” was the…
1Opinion of the Court
Bleckley, Chief Justice.
1. Concede that the questions to Perkerson were leading, their allowance would not be cause for a new trial. It would be a very extreme case indeed in which the mere form of the questions to a witness would justify a reviewing court in setting aside the verdict and j udgment.
*5472. There was sufficient evidence that the rule-book admitted in evidence contained the rules of force when the plaintiff was injured, and whether he had knowledge of them or not was a question not going to the admissibility of the rules but to their binding effect upon his .conduct.. .That tih,e…
2Cases cited1 opinion
- White v. FultonSupreme Court of Georgia · 1882
3Cited by43 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Maloy v. DixonCourt of Appeals of Georgia · 1972
- Metropolitan Street Railroad v. JohnsonSupreme Court of Georgia · 1892
- Shouse v. StateSupreme Court of Georgia · 1974
- Hyde v. StateSupreme Court of Georgia · 1943
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