Yonge v. Kinney
Supreme Court of Georgia
Case, from Cass county. Tried before Judge Trippe, at September Term, 1858,. This was action on tbe case brought by Martha Kinney, against the Superintendent of the "Western and Atlantic Railroad, to recover damages for the killing of her son, John Choice Kinney, a minor, while a passenger on the cars of said road.
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Case, from Cass county. Tried before Judge Trippe, at September Term, 1858,. This was action on tbe case brought by Martha Kinney, against the Superintendent of the "Western and Atlantic Railroad, to recover damages for the killing of her son, John Choice Kinney, a minor, while a passenger on the cars of said road. The jury found for the plaintiff three thousand nine hundred and sixteen dollars and sixty-two and two-third cents. - Whereupon the defendant moved for a new trial, which the court refused, and defendant excepted. The facts of the case and the grounds of the motion for a new trial,…
1Opinion of the Court
By the Court.
Benning, J.,
delivering the opinion.
Was the court right in overruling the motion for a new trial?
*112The first ground of the motion was as follows : “Because the court erred in ruling out the answer of John B. Fulton, to the following interrogatory : ‘was there any rule relative to persons remaining on the inside of the cars, or on the platform, while the cars were in motion ; and if so, what was it ?” said answer to which, and which was withheld from the jury, being in these words: “there was a rule forbidding all persons from being on the platform, when the cars were in motion.’ ”
The…
2Cases cited2 opinions
- Macon & Western R. R. v. WinnSupreme Court of Georgia · 1856
- Macon & Western Rail Road v. DavisSupreme Court of Georgia · 1855
3Cited by10 opinions
- Chenall v. Palmer Brick Co.Supreme Court of Georgia · 1903
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Smith v. American Oil CompanyCourt of Appeals of Georgia · 1948
- Dougherty v. Missouri Pacific RailroadMissouri Court of Appeals · 1881
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
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