Thomas v. Georgia Railroad & Banking Co.
Supreme Court of Georgia
New Trial. Damage on Railroad by co-employee. Party as Witness. Before Judge Pope. DeKalb Superior Court. September Term, 1869. Thomas averred that on the 20th of August, 1866, his right arm was crushed and broken, his tipper lip was cut hnd split open, and one of his tpeth was knocked out, by the servants .of said company, carelessly and improperly pushing and running a hand-car, on the track, and striking him therewith, with great force and violence, causing him great…
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New Trial. Damage on Railroad by co-employee. Party as Witness. Before Judge Pope. DeKalb Superior Court. September Term, 1869. Thomas averred that on the 20th of August, 1866, his right arm was crushed and broken, his tipper lip was cut hnd split open, and one of his tpeth was knocked out, by the servants .of said company, carelessly and improperly pushing and running a hand-car, on the track, and striking him therewith, with great force and violence, causing him great suffering, expenses, etc. The defendant pleaded the general issue. On the first trial, plaintiff obtained a verdict for…
1Opinion of the CourtWarner, J.
■The error assigned to the judgment of the Court below, in this case, is the granting a new trial, on the grounds stated in the motion therefor. The cause of action, as set forth in the plaintiff’s declaration, is, that he was injured by the careless and negligent running and pushing a certain handcar on the defendant’s road, by the employees thereof, the plaintiff being an employee on the road. In our judgment,, it was error in the Court below, on the trial of the case, to admit evidence that the plaintiff was injured in consequence' of the defective construction of the “jigger,” as statted…
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