Richmond & Danville Railroad v. Johnston
Supreme Court of Georgia
Railroads. Damages. Negligence. Before Judge Yan Epps. City court of Atlanta. September term, 1891. Mrs. Johnston sued the Richmond & Danville company, controlling and operating under lease the Georgia Pacific railway, for the homicide of her minor son. She obtained a verdict for $5,000. Defendant moved for a new trial, and the motion was overruled.
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Railroads. Damages. Negligence. Before Judge Yan Epps. City court of Atlanta. September term, 1891. Mrs. Johnston sued the Richmond & Danville company, controlling and operating under lease the Georgia Pacific railway, for the homicide of her minor son. She obtained a verdict for $5,000. Defendant moved for a new trial, and the motion was overruled. The grounds of the motion were, that the verdict was excessive and showed undue bias and prejudice against defendant, was against the weight of the evidence and without evidence to support it, and was contrary to the principles of justice and…
1Opinion of the Court
Gober, Judge.
The mother, the plaintiff below, brought suit for the death of her mi nor son. She alleges that he was killed by defendant’s railroad train at a crossing near the city limits of Atlanta. The facts are set forth in the official report. She had a verdict below, and the defendant, on the refusal of a new trial, brings the case here.
It is not insisted from this evidence that the defendant below complied with the law. The train was run across the crossing at the rate of from twenty to thirty miles an hour, with the engine pushing some freight-cars in front. For the plaintiff’s right…
2Cases cited5 opinions
- Clay v. Central Railroad & Banking Co.Supreme Court of Georgia · 1890
- Atlanta & West Point Railroad v. NewtonSupreme Court of Georgia · 1890
- Daniels v. Savannah, Fla. & Western Railway Co.Supreme Court of Georgia · 1890
- Augusta & Savannah Railroad v. McElmurrySupreme Court of Georgia · 1858
- Atlanta & West Point Railroad v. WylySupreme Court of Georgia · 1880
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