Macon, Dublin & Savannah Railroad v. Anchors
Supreme Court of Georgia
Action for damages. Before Judge Harris. Bibb superior court. June 4, 1912. Fanny Anchors brought suit against the railroad company for damages from the homicide of her husband, Samuel Anchors, who was a section foreman for the railroad. While in charge of a hand-car carrying a gang of workmen to their work on the 31st of January, 1911, the car was derailed and Anchors received injuries which resulted in his death.
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Action for damages. Before Judge Harris. Bibb superior court. June 4, 1912. Fanny Anchors brought suit against the railroad company for damages from the homicide of her husband, Samuel Anchors, who was a section foreman for the railroad. While in charge of a hand-car carrying a gang of workmen to their work on the 31st of January, 1911, the car was derailed and Anchors received injuries which resulted in his death. Among other allegations of negligence, it was averred that the hand-car was defective in certain specified particulars, and that the track was defective where the derailment…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
1. In the brief of counsel for the plaintiff in error it is contended that the judge below "did not approve the finding of the jury, and 'failed to exercise the 'discretion which the law contemplates he should exercise in' overruling a motion- for a new trial; and that where a first application for a new trial is made on discretionary grounds, the trial judge must exercise his discretion in approval or -disapproval of -the verdict; that the order- overruling, the motion for a new trial in this ease shows on -its face that the judge did not exercise'the…
2Cases cited3 opinions
- McIntyre v. McIntyreSupreme Court of Georgia · 1904
- Martin & Sons v. Bank of LeesburgSupreme Court of Georgia · 1911
- Southern Railway Co. v. HillSupreme Court of Georgia · 1913
3Cited by18 opinions
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- Kendrick v. KendrickSupreme Court of Georgia · 1962
- Fortson v. FortsonSupreme Court of Georgia · 1943
- Edenfield v. BrinsonSupreme Court of Georgia · 1919
- Bean v. BarronSupreme Court of Georgia · 1933
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