Atlanta & West Point Railroad v. Wyly
Supreme Court of Georgia
Railroads. Damages. Negligence. Charge of Court. Before Marshall J. Clarke, Esq., Judge pro hac vice. Eulton Superior Court. September Term, 1879. Wyly sued the railroad for damages done to his dray and mules by a train at a street-crossing in the city of Atlanta.
Read the full summary
Railroads. Damages. Negligence. Charge of Court. Before Marshall J. Clarke, Esq., Judge pro hac vice. Eulton Superior Court. September Term, 1879. Wyly sued the railroad for damages done to his dray and mules by a train at a street-crossing in the city of Atlanta. The evidence was conflicting as to whether the ■drayman drove recklessly upon the track ahead of the approaching train or not, and whether the agents of the •company were'at fault in approaching the crossing at an unusual speed, and in not ringing the locomotive bell, or otherwise giving warning of the coming of the train. Among…
1Opinion of the Court
Jackson, Justice.
Wyly sued the railroad company for damage to his dray and mules and recovered ; the company moved for a new trial, which was refused, and it excepted. The usual .grounds that the verdict is not sustained by evidence, and *122against law on that account, were abandoned before this court. A witness may testify to the speed at which the train is moving according to his judgment, giving the reasons for his opinion ; and it is for the jury to say how much weight such opinion is entitled to have. Therefore, a witness may give his opinion as to speed, based on the appearance, noise,…
2Cases cited1 opinion
- Augusta & Savannah Railroad v. McElmurrySupreme Court of Georgia · 1858
3Cited by12 opinions
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Central of Georgia Railway Co. v. BondSupreme Court of Georgia · 1900
- Elk Cotton Mills v. GrantSupreme Court of Georgia · 1913
- East Tenn., Va. & Ga. Railway Co. v. MarkensSupreme Court of Georgia · 1891
- Smith v. Central Railroad & Banking Co.Supreme Court of Georgia · 1889
7 more not listed; retrieve them via the Exa API.