Penn v. Georgia Southern & Florida Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Mitchell. Lowndes superior court. November term, 1906. Mrs. C. A. Penn brought suit against the Georgia Southern and Florida Railway Company, seeking to recover damages on account of the homicide of her husband. The petition contained three counts.
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Action for damages. Before Judge Mitchell. Lowndes superior court. November term, 1906. Mrs. C. A. Penn brought suit against the Georgia Southern and Florida Railway Company, seeking to recover damages on account of the homicide of her husband. The petition contained three counts. In the first it was alleged, that the plaintiffs husband was an employee of the defendant, and was engaged with other employees in removing its records from one place .to another; that the records were loaded in a freight-ear which was pulled by a switch-engine; that the plaintiffs husband was standing on the…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
After the evidence for the plaintiff had been introduced, and her counsel had announced her ease closed, a motion was made for a nonsuit, and the court stated that he would grant it. Before the order was signed, counsel for the plaintiff moved the court to allow him to introduce further evidence, stating what it was. The court held that the motion came too late, and thereupon signed the order granting the nonsuit.
1-3. In an early case (McColgan v. McKay, 25 Ga. 631), it was said that “It is almost a matter of course to let in new evidence on a point, to…
2Cases cited8 opinions
- Cushman v. ColemanSupreme Court of Georgia · 1894
- Bridger v. Exchange BankSupreme Court of Georgia · 1906
- Freyermuth v. South Bound RailroadSupreme Court of Georgia · 1899
- Brooke v. LoweSupreme Court of Georgia · 1905
- Parker v. Fulton Loan & Building Ass'nSupreme Court of Georgia · 1871
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3Cited by16 opinions
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- Walker v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1933
- Moore v. Dixie Eire InsuranceCourt of Appeals of Georgia · 1917
- Wickham v. TorleySupreme Court of Georgia · 1911
- Buffington v. StateCourt of Appeals of Georgia · 1984
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