Legal Opinion

Macon & Western Railroad v. Davis

Supreme Court of Georgia

Decided February 15, 1853No. 11PublishedCited by 18 opinions

Award, in Bibb Superior Court. Tried before Judge Powers. November Term, 1852. On the 14th day of December, 1851, a negro boy was killed, and a carriage destroyed, property belonging to the estate of Willis Boon, by a train of cars running on the Macon & Western Railroad, in the County of Monroe.

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Award, in Bibb Superior Court. Tried before Judge Powers. November Term, 1852. On the 14th day of December, 1851, a negro boy was killed, and a carriage destroyed, property belonging to the estate of Willis Boon, by a train of cars running on the Macon & Western Railroad, in the County of Monroe. James M. Davis, as administrator of said estate, filed his petition, under the Acts of 1847 and 1850, before D. E. Haiston, a Justice of the Peace for the 480th district G. M. and town of Forsyth, praying for the appointment of arbitrators, to award the damages done to said estate, by the destruction…

1Opinion of the Court

By the Court.

Nisbet, J.

delivering the opinion.

The proceedings out of which spring the questions for review in this record, were taken under the Acts of 1847 and 1850. A copy of the Act of 1850, and so much of the Act of 1847, as applies to the case, are given in the Reporter’s brief. See Cobb’s N. D. 397, 398, 399.

It will be seen by reference to the Act of 1847, that the Legislature has provided therein a summary mode of procedure, and an extraordinary tribunal, clothed with special jurisdiction ; for the purpose, in the first instance, of ascertaining the damage done to live stock or other…

2Cases cited9 opinions

  1. Thompson v. TolmieSupreme Court of the United States · 1829
  2. Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
  3. Bullock v. BabcockNew York Supreme Court · 1829
  4. Rathbun & West v. PayneNew York Supreme Court · 1838
  5. Burroughs v. Housatonic RailroadSupreme Court of Connecticut · 1842

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3Cited by18 opinions

  1. Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
  2. Cooper v. RollinsSupreme Court of Georgia · 1922
  3. Smith v. American Oil CompanyCourt of Appeals of Georgia · 1948
  4. Mayes v. DanielSupreme Court of Georgia · 1938
  5. Frankel v. ConeSupreme Court of Georgia · 1959

13 more not listed; retrieve them via the Exa API.

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