Macon & Western Railroad v. Johnson
Supreme Court of Georgia
Case. Motion for new trial. Decided by Judge Cole. Bibb Superior Court. November Term, 1867. Arthur W. Johnson was a passenger upon the night passenger train from Macon to Atlanta, over the railroad of said company. That train was followed by a freight train.
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Case. Motion for new trial. Decided by Judge Cole. Bibb Superior Court. November Term, 1867. Arthur W. Johnson was a passenger upon the night passenger train from Macon to Atlanta, over the railroad of said company. That train was followed by a freight train. Some portion of its engine having broken, the passenger train was stopped. -Whilst it was stopped, Johnson stood upon the platform of one of its cars, and there remained till the freight train, running into the passenger train, killed him. Thereupon, his wife sued the company for damages. The main question being, who was in fault, the…
1Opinion of the CourtMcCay, J.
This case comes before the Court on a double bill of exceptions. The verdict was for the plaintiff. The defendant moves for a new trial, on the ground, first, of error in the Court in admitting and in excluding testimony, but mainly on the ground that the Court erred in his charge to the jury as to *431the measure of damages, and on the ground that the verdict of the jury was contrary to the evidence.
The plaintiff moves for a new trial on several minor grounds, but mainly on the ground that the Court erred in charging the jury, (this being a suit against a railroad company for the homicide of a…
2Cases cited1 opinion
- Macon & Western Railroad v. WinnSupreme Court of Georgia · 1858
3Cited by65 opinions
- Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Southland Butane Gas Co. v. BlackwellSupreme Court of Georgia · 1955
- Florida Central & Peninsular Railroad v. FoxworthSupreme Court of Florida · 1899
- Duval v. HuntSupreme Court of Florida · 1894
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