Legal Opinion

Lavier v. Central Railroad

Supreme Court of Georgia

Decided December 21, 1883PublishedCited by 5 opinions

Practice in Supreme Court. New Trial. Railroads. Damages. Negligence. Before Judge Harden. City Court of Savannah. November Term, 1882. Mrs. Lavier brought suit against the Central Railroad for the homicide of her husband caused by the running of its engine and» cars. The jury found for the plaintiff $6,000.00. Defendant moved for a new trial because of alleged errors in the charge, because the verdict was contrary to law and evidence, and because the damages were excessive.

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Practice in Supreme Court. New Trial. Railroads. Damages. Negligence. Before Judge Harden. City Court of Savannah. November Term, 1882. Mrs. Lavier brought suit against the Central Railroad for the homicide of her husband caused by the running of its engine and» cars. The jury found for the plaintiff $6,000.00. Defendant moved for a new trial because of alleged errors in the charge, because the verdict was contrary to law and evidence, and because the damages were excessive. The presiding judge wrote an opinion of some length, discussing the various grounds of the motion. He commented…

1Opinion of the Court

Blandford, Justice.

The plaintiff in error brought her action against defendant to recover damages for the homicide of her husband; the jury found a verdict for the plaintiff; the defendant moved the court for a new trial on several grounds; the court granted the new trial on the grounds* generally, but the judge who heard the same gave his reasons at length for granting the new trial.

*224The reasons of the judge for his action in granting the new trial cannot be reviewed by this court. The judgment of the court granting the new trial can alone be reviewed here, and as this is the first grant of a…

2Cases cited1 opinion

  1. Georgia Railroad & Banking Co. v. NeelySupreme Court of Georgia · 1876

3Cited by5 opinions

  1. Howard v. Savannah Electric Co.Supreme Court of Georgia · 1913
  2. Western & Atlantic Railroad v. BloomingdaleSupreme Court of Georgia · 1885
  3. Burnsed v. SpiveyCourt of Appeals of Georgia · 1936
  4. Parker v. Georgia Coast & Piedmont RailroadSupreme Court of Georgia · 1911
  5. Gunn v. Wilson Co.Court of Appeals of Georgia · 1917

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