Seaboard Air-Line Railway v. O'quin
Supreme Court of Georgia
Action for damages. Before Judge Kawlings. Tattnall superior court. July 28, 1905. This was an action to recover damages for unlawfully and wrongfully expelling the plaintiff from the defendant’s cars, on which he was riding as a passenger, and for ejecting him with unnecessary force and causing him to be arrested for an offense alWgéd to have been committed on the cars. The jury found a verdict for five hundred dollars damages.
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Action for damages. Before Judge Kawlings. Tattnall superior court. July 28, 1905. This was an action to recover damages for unlawfully and wrongfully expelling the plaintiff from the defendant’s cars, on which he was riding as a passenger, and for ejecting him with unnecessary force and causing him to be arrested for an offense alWgéd to have been committed on the cars. The jury found a verdict for five hundred dollars damages. The defendant made a motion for a new trial, which was refused by the court, and it excepts to the judgment overruling this motion. The evidence for the plaintiff…
1Opinion of the CourtEvaNS, J.
(After stating the facts.) 1. The first ground of the amended motion for a new trial complains that the court erred in charging the jury: “In every tort there may be aggravating circumstances, either in the act or in the intention; and in that event, the jury may give additional damages, either to deter the wrong-doer from repeating the trespass, or as compensation for the wounded feelings of the plaintiff.” The error assigned on this charge is that it was not applicable to the facts of the case. The charge was almost a literal excerpt from the Civil Code, §3906, which is applicable in all…
2Cases cited10 opinions
- Head v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1887
- City & Suburban Railway v. BraussSupreme Court of Georgia · 1883
- Georgia Railroad v. HomerSupreme Court of Georgia · 1885
- Cottingham v. WeeksSupreme Court of Georgia · 1875
- Georgia Railroad & Banking Co. v. EskewSupreme Court of Georgia · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Roper v. ScottCourt of Appeals of Georgia · 1948
- Young v. Western & Atlantic RailroadCourt of Appeals of Georgia · 1929
- Padgett v. WilliamsCourt of Appeals of Georgia · 1950
- Webb v. McDanielSupreme Court of Georgia · 1962
16 more not listed; retrieve them via the Exa API.