Legal Opinion

Lewis v. McAfee

Supreme Court of Georgia

Decided March 15, 1861PublishedCited by 3 opinions

Case, in Fulton Superior Court. Tried before Judge Bull, at the October Term, 1860. John M. McAfee hired a negro man, by the name of Peter, to the Western and Atlantic Railroad, for the year 1857. The only witness who speaks as to the terms and purposes of the contract of hiring, states that his recollection is, that the negro was hired to do shop work. The negro was put to service on a passenger train, as a train hand, to attend the break and wait upon the passengers.

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Case, in Fulton Superior Court. Tried before Judge Bull, at the October Term, 1860. John M. McAfee hired a negro man, by the name of Peter, to the Western and Atlantic Railroad, for the year 1857. The only witness who speaks as to the terms and purposes of the contract of hiring, states that his recollection is, that the negro was hired to do shop work. The negro was put to service on a passenger train, as a train hand, to attend the break and wait upon the passengers. In this capacity he rode on the train from Atlanta to Chattanooga and back, and that he was permitted to ride on the train to…

1Opinion of the Court

By the Gowrt.

Lyon, J.,

delivering the opinion.

The only question made in this case is, that the Court below should have allowed the motion for a new trial on the only ground taken therein : that the verdict was contrary to law, the charge of the Court, and against the evidence, the weight of the evidence, and not supported by the evidence on the issue, (a variety of the same things stated in different ways.) The Court below refused the motion, and we concur in that judgment.

One of the witnesses, Wofford, testified that the negro was hired to the Western and Atlantic Railroad by his father, as…

2Cases cited2 opinions

  1. Mayor of Columbus v. HowardSupreme Court of Georgia · 1849
  2. Gorman v. CampbellSupreme Court of Georgia · 1853

3Cited by3 opinions

  1. Braswell v. Garfield Cotton Oil Mill Co.Court of Appeals of Georgia · 1909
  2. Farkas v. PowellSupreme Court of Georgia · 1891
  3. Raines v. RiceCourt of Appeals of Georgia · 1941

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