Seaboard Air-Line Railway v. Bishop
Supreme Court of Georgia
Action ior damages. Before Judge Holden. Madison superior court. September 28, 1901. Bishop brought an action for damages against the Seaboard AirLine Bailway, on account of a personal injury. A verdict in his favor was rendered. The defendant moved for a new trial, which was denied, and it excepted.
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Action ior damages. Before Judge Holden. Madison superior court. September 28, 1901. Bishop brought an action for damages against the Seaboard AirLine Bailway, on account of a personal injury. A verdict in his favor was rendered. The defendant moved for a new trial, which was denied, and it excepted. TTnder the pleadings and evidence it appears, among other things, that the plaintiff, while employed by the defendant as a yard conductor at Athens, Ga., was instructed by his superior officers to relieve the conductor on a passing freight-train, and to act as such conductor until the train…
1Opinion of the CourtLumpkin, J.
1. It was contended that the judge erred in allowing counsel for the plaintiff to write off any portion of the verdict without the consent and over the objection of counsel for the defendant, and in not granting the motion for new trial. The principle underlying the question here raised has been considered in several decisions of this court. Where damages are of a character in the fixing of the amount of which the discretion of the jury is involved, as in cases of general damages, oí damages for pain and suffering, or the like, the determination of the amount is peculiarly for the jury. If…
2Cases cited24 opinions
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Central of Georgia Railway Co. v. PerkersonSupreme Court of Georgia · 1901
- Georgia Railway & Electric Co. v. ReevesSupreme Court of Georgia · 1905
- Giles v. SpinksSupreme Court of Georgia · 1879
- Mayor & Council of Brunswick v. TuckerSupreme Court of Georgia · 1897
19 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Candler v. SmithCourt of Appeals of Georgia · 1935
- Langran v. HodgesCourt of Appeals of Georgia · 1939
- Morris v. BonnerCourt of Appeals of Georgia · 1987
- Southern Railway Co. v. ParhamCourt of Appeals of Georgia · 1912
- Southern Railway Co. v. GrooverCourt of Appeals of Georgia · 1930
17 more not listed; retrieve them via the Exa API.