Montgomery & West Point Railroad v. Boring
Supreme Court of Georgia
Railroads. Corporations. Damages. Negligence. Charge of Court. Immaterial error. New trial. Before Judge Buchanan. Troup Superior Court. May Term, 1873. For the facts of this case, see the decision. 1st. This defendant can do nothing in Alabama, and therefore the case ¿hould have been dismissed. • (See charter — acts of 1837.) 2d. The evidence shows that this defendant did not carry nor wrong the plaintiff. Allegata and probata must agree: Felix vs. The State, 18 Ala.
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Railroads. Corporations. Damages. Negligence. Charge of Court. Immaterial error. New trial. Before Judge Buchanan. Troup Superior Court. May Term, 1873. For the facts of this case, see the decision. 1st. This defendant can do nothing in Alabama, and therefore the case ¿hould have been dismissed. • (See charter — acts of 1837.) 2d. The evidence shows that this defendant did not carry nor wrong the plaintiff. Allegata and probata must agree: Felix vs. The State, 18 Ala. R.; Dill vs. Rutter, 30 Ala. R.; 1 Gr. on Ev., secs. 63, 66. The Alabama corporations did the wrong; they are not the same as…
1Opinion of the Court
Warner, Chief Justice.
The plaintiff brought an action against the defendant as a common carrier of passengers on its road, to recover damages for an alleged injury caused by the negligence of the defendant. On the trial of the case, the jury, under the charge of the court, returned a verdict in favor of the plaintiff for $10,000 00. A motion was made for a new trial on the several grounds as specified and set forth in the record, which was overruled by the court, and the defendant excepted. It appears from the evidence in the record that the plaintiff is a citizen of this state, and a…
2Cited by14 opinions
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Central Railroad v. DeBraySupreme Court of Georgia · 1883
- Hawkins v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
- Atlantic & Birmingham Railway Co. v. JohnsonSupreme Court of Georgia · 1907
- Langhorne v. Richmond Railway Co.Supreme Court of Virginia · 1895
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