Saunders v. Parker
Court of Appeals of Georgia
Action for damages; from Evans superior court—Judge Sheppard. June 1, 1916. The plaintiff, a rural mail-carrier, was accustomed to carry his mail on a motorcycle over a private road running through the defendant’s land. The defendant, without notice or warning to him, stretched a wire fence across the private roadway, and the plaintiff ran into the fence and was injured.
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Action for damages; from Evans superior court—Judge Sheppard. June 1, 1916. The plaintiff, a rural mail-carrier, was accustomed to carry his mail on a motorcycle over a private road running through the defendant’s land. The defendant, without notice or warning to him, stretched a wire fence across the private roadway, and the plaintiff ran into the fence and was injured. He claimed damages in the sum of $2,000, and the jury returned a verdict in his favor in the sum of $5. His motion for a new trial was overruled, and he excepted.
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.)
1. The plaintiff in error contends that his action falls within the provision of section 5984 of the Civil Code of 1910, and that since he is, by the terms of that section, entitled to no more costs than the damages recovered, the verdict is contrary to law. He relies upon the decisions of the Supreme Court in Conley v. Arnold, 93 Ga. 823 (3) (20 S. E. 762), and Kirby v. Thompson, 138 Ga. 544 (75 S. E. 625). In Conley v. Arnold, supra, it was held that “in an action for a personal injury, where a plea of justification is filed, and the jury finds for the…
2Cases cited5 opinions
- Conley v. ArnoldSupreme Court of Georgia · 1894
- Hardin v. LumpkinSupreme Court of Georgia · 1848
- Mangham v. ReedSupreme Court of Georgia · 1852
- Grant v. General Baptist ConventionCourt of Appeals of Georgia · 1912
- Kirby v. ThompsonSupreme Court of Georgia · 1912
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