Legal Opinion

Augusta & Summerville Railroad v. Randall & Wife

Supreme Court of Georgia

Decided April 23, 1890PublishedCited by 51 opinions

Negligence. Evidence. Practice. Trials. Charge of court. Damages. Before Judge Roney. Richmond superior court. April term, 1889. Salles Randall and his wife sued the railroad company for • damages, and obtained a verdict for $1,000. The case' came to this court, and is reported in 79 Ga. 304. On the second trial, the evidence for the plaintiffs tended to show that Mrs. Randall was a passenger on defendant’s horse-car on the afternoon of June 11, 1885, seated near the door;…

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Negligence. Evidence. Practice. Trials. Charge of court. Damages. Before Judge Roney. Richmond superior court. April term, 1889. Salles Randall and his wife sued the railroad company for • damages, and obtained a verdict for $1,000. The case' came to this court, and is reported in 79 Ga. 304. On the second trial, the evidence for the plaintiffs tended to show that Mrs. Randall was a passenger on defendant’s horse-car on the afternoon of June 11, 1885, seated near the door; that the car was crowded, and some of the passengers were urging the driver to hurry, that they might reach a point where…

1Opinion of the Court

Simmons, Justice.

Randall and his wife sued the railroad company for damages sustained by reason of Mrs. Randall being thrown from a horse-car, and they recovered a verdict against the company. A motion for a new trial was made upon the several grounds set out therein, which will be found in the official report.

1. There was no error in excluding the affidavit made by Miss Klotz shortly after the alleged injury to Mrs. Randall. It was not attached to her depositions as a part of her answers thereto, and was offered as independent evidence, she having testified that the statements therein were…

2Cases cited4 opinions

  1. Berry v. StateSupreme Court of Georgia · 1851
  2. Mitchum v. StateSupreme Court of Georgia · 1852
  3. Bovee v. Town of DanvilleSupreme Court of Vermont · 1880
  4. Forsyth v. CothranSupreme Court of Georgia · 1878

3Cited by51 opinions

  1. Patton v. StateSupreme Court of Georgia · 1903
  2. Merrill v. Los Angeles Gas Elec. Co.California Supreme Court · 1910
  3. Georgia Power Co. v. PuckettSupreme Court of Georgia · 1935
  4. Brooks v. StateSupreme Court of Georgia · 1936
  5. Huckabee v. GraceCourt of Appeals of Georgia · 1934

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