Central Railroad v. Mitchell
Supreme Court of Georgia
Railroads. Jurors. Evidence. Practice in the Superior Court. Charge of Court. Damages. Negligence. Master and servant. New trial. Before Judge Simmons. BibbSuperior Court. April Adjourned Term, 1879. Mitchell sued the Central Railroad for damages. It appeared that he was an engineer on defendant’s road.
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Railroads. Jurors. Evidence. Practice in the Superior Court. Charge of Court. Damages. Negligence. Master and servant. New trial. Before Judge Simmons. BibbSuperior Court. April Adjourned Term, 1879. Mitchell sued the Central Railroad for damages. It appeared that he was an engineer on defendant’s road. That in a cut near the city of Macon, a large bank of dirt slid. from the side of the cut and covered the track ; that plaintiff, with-the train on which he ran, came upon this obstruction, and, being unable to stop intime, an accident occurred which very seriously injured him. The main…
1Opinion of the Court
Jackson, Justice.
The defendant in error sued the plaintiff in error for very serious and life-long injuries to his person — so serious as wholly to unfit him for his regular business, and to disable him for all active work. The jury found six thousand dollars for the damage done him, and the defendant, the plaintiff in error here, being denied a new trial, excepted. The defendant in error was an engineer on the road, and ran the train on the occasion of the calamity, and the case involves the important question of what character of fault on his part will prevent a verdict for him, and this is…
2Cases cited14 opinions
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Georgia Railroad & Banking Co. v. OaksSupreme Court of Georgia · 1874
- Central Railroad & Banking Co. v. KenneySupreme Court of Georgia · 1877
- Thompson v. Central Railroad & Banking Co.Supreme Court of Georgia · 1875
- Indiana Central Railway Co. v. MundyIndiana Supreme Court · 1863
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3Cited by41 opinions
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- Kesler v. StateSupreme Court of Georgia · 1982
- State ex rel. Williams v. EllisIndiana Supreme Court · 1916
- Block v. StateIndiana Supreme Court · 1885
- Central Railroad v. DeBraySupreme Court of Georgia · 1883
36 more not listed; retrieve them via the Exa API.