Legal Opinion

Macon, Dublin & Savannah Railroad v. Joyner

Supreme Court of Georgia

Decided December 21, 1907PublishedCited by 26 opinions

Action for damages. Before Judge Rawlings. Toombs superior court. October 29, 1906. Joyner brought an action against the railroad company, to recover damages for personal injuries. The petition alleges that the plaintiff was an employee of the defendant company, and, at the time of the alleged injury,' was engaged in the performance of his duties as a yard switchman.

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Action for damages. Before Judge Rawlings. Toombs superior court. October 29, 1906. Joyner brought an action against the railroad company, to recover damages for personal injuries. The petition alleges that the plaintiff was an employee of the defendant company, and, at the time of the alleged injury,' was engaged in the performance of his duties as a yard switchman. His freedom from fault, and various specific acts of negligence on the part of the defendant, are also alleged. The defendant filed an answer in which it denied all of the material allegations of the petition. Hj)on the trial the…

1Opinion of the CourtBeck, J.

(After stating the facts.)

1. Several grounds of the motion for a new trial in this case embraced lengthy extracts from the court’s charge, which contained a statement of the respective contentions of the plaintiff and defendant; and the complaint made in the grounds of the motion referred to is that those portions of the charge were argumentative and presented with too much stress and detail the contentions of the plaintiff, and ignored and minimized the contentions of the defendant. But upon a reading of the entire charge, it will appear that the judge fairly stated the contentions of each…

2Cases cited5 opinions

  1. Central of Georgia Railway Co. v. McKinneySupreme Court of Georgia · 1903
  2. Etheridge v. HobbsSupreme Court of Georgia · 1886
  3. Atlanta Consolidated Street Railway Co. v. BagwellSupreme Court of Georgia · 1899
  4. Central of Georgia Railway Co. v. McCliffordSupreme Court of Georgia · 1904
  5. Savannah, Florida & Western Railway Co. v. LadsonSupreme Court of Georgia · 1902

3Cited by26 opinions

  1. Lewis v. StateSupreme Court of Georgia · 1943
  2. Trammell v. ShirleyCourt of Appeals of Georgia · 1928
  3. O'Dowd v. NewnhamCourt of Appeals of Georgia · 1913
  4. Smithwick v. StateSupreme Court of Georgia · 1945
  5. Millen & Southwestern Railroad v. AllenSupreme Court of Georgia · 1908

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