Sims v. Macon & Western R. R.
Supreme Court of Georgia
Nonsuit, in Pike superior court. Decision by Judge Cabaniss, at October Term, 1858. This was a proceeding under the statute, by Sherrod Sims against the Macon & Western Railroad Company, to recover the value of a negro man slave, killed by said road.
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Nonsuit, in Pike superior court. Decision by Judge Cabaniss, at October Term, 1858. This was a proceeding under the statute, by Sherrod Sims against the Macon & Western Railroad Company, to recover the value of a negro man slave, killed by said road. It appeared from the evidence of plaintiff, that the negro, about fifty years old, was sitting on the end of a cross-tie on said roadj and was struck by the cow-catcher attached to the front of the locomotive, and killed — he was sitting on the outside of the road, but the cow.-catcher being wider than the road, he was caught by it and terribly…
1Opinion of the Court
By the Court.
Benning, J.,
delivering the opinion.
1. Was the court below right in rejecting the sayings *95of the conductor and engineer ? "We think so. To make those sayings admissible, it ought to have appeared that they were a part of the res gestee. But that did not appear. The evidence did not show what was the interval between the accident and the sayings, but it did show that it must have been a considerable interval. The train stopped immediately after the accident; it then ran to Milner, a mile off', and stopped again ; after its halt there, the words were spoken, but how long after does…
2Cited by11 opinions
- Weinkle & Sons v. Brunswick & Western RailroadSupreme Court of Georgia · 1899
- Central Railroad v. BrinsonSupreme Court of Georgia · 1883
- Savannah, Florida & Western Railway v. StewartSupreme Court of Georgia · 1884
- Parish v. Western & Atlantic RailroadSupreme Court of Georgia · 1897
- Southern Railway Co. v. BlakeSupreme Court of Georgia · 1897
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