Western & Atlantic R. R. v. Voils
Supreme Court of Georgia
Action for damages. Before Judge Akin. City court of Cartersville. March term, 1895. Mrs. Voils sued the railroad company for damages, and obtained a verdict for $250. This was set aside on motion, and at the next trial she obtained a verdict for $325. Defendant again moved for a new trial, which upon the hearing was denied, the judge expressing an opinion, however, that it was against the weight of the evidence.
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Action for damages. Before Judge Akin. City court of Cartersville. March term, 1895. Mrs. Voils sued the railroad company for damages, and obtained a verdict for $250. This was set aside on motion, and at the next trial she obtained a verdict for $325. Defendant again moved for a new trial, which upon the hearing was denied, the judge expressing an opinion, however, that it was against the weight of the evidence. It appears that the plaintiff was at Best’s Sideling, a flag-station, for the purpose of boarding defendant’s train as a passenger. The train stopped with the entrance to the main…
1Opinion of the Court
Simmons, Chief Justice.
1. This case comes before us upon a writ of error from the court created and established by an act entitled “ an act to establish a city court in the county of Bartow,” etc., approved October 10,1885 (Acts 1885, p. 487). Amotion to dismiss the writ of error was made upon the ground that the act does not provide for reviewing the judgments of the court by bill of exceptions and writ of error from that court to the Supreme Court.
The act, it is true, does not itself provide for this, but under paragraph 5 of section 2, article 6 of the constitution, which declares that the…
2Cases cited2 opinions
- Maxwell v. TumlinSupreme Court of Georgia · 1887
- Payne v. First National BankMissouri Court of Appeals · 1891
3Cited by13 opinions
- Welborne v. StateSupreme Court of Georgia · 1902
- Southern Railway Co. v. WrightCourt of Appeals of Georgia · 1909
- L. & N. R. R. v. DyerCourt of Appeals of Kentucky · 1913
- Lundien v. Fort Dodge, Des Moines & Southern Railway Co.Supreme Court of Iowa · 1914
- Cone v. American Surety Co.Supreme Court of Georgia · 1923
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