Legal Opinion

Carroll v. East Tennessee, Virginia & Georgia Railway Co.

Supreme Court of Georgia

Decided September 23, 1889PublishedCited by 19 opinions

■ New trial. Practice. Railroads. Negligence. Charge of court. Master and servant. Evidence. Notice. Before Judge G-ustin. Bibb, superior court. May term, 1888. John M. Carroll sued the railroad company for injuries which he sustained in a collision on that road, he being the fireman on one of the colliding engines.

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■ New trial. Practice. Railroads. Negligence. Charge of court. Master and servant. Evidence. Notice. Before Judge G-ustin. Bibb, superior court. May term, 1888. John M. Carroll sued the railroad company for injuries which he sustained in a collision on that road, he being the fireman on one of the colliding engines. The following was, in substance, the testimony for the plaintiff:*: He was in his twenty-fourth year at the time of the trial, which occurred about a year after he was injured. Was fireman on defendant’s engine; had made only three or four trips; was a new and green hand. The…

1Opinion of the Court

Bleckley, Chief Justice.

1. The case was tried at the November adjourned term, 1887, and the motion for a new trial was made during the same term, the hearing of the motion being fixed by order for a day in vacation and then continued to the following May term. Other continuances took place during the May term, each of them being to a particular day. One of these days was June 80th, on which no action was taken with reference to the motion. On July 2d the motion was taken up and continued to a subsequent day in the same month, and on the latter to a still later day, when it came up for a *470hearin…

2Cases cited5 opinions

  1. Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
  2. Keyser v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1887
  3. Krogg v. Atlanta & West Point RailroadSupreme Court of Georgia · 1888
  4. Brunswick & Western Railway Co. v. ClemSupreme Court of Georgia · 1888
  5. Carlton v. Western & Atlantic RailroadSupreme Court of Georgia · 1888

3Cited by19 opinions

  1. Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
  2. Friedman v. City of Forest CitySupreme Court of Iowa · 1948
  3. Central Railroad & Banking Co. v. RylesSupreme Court of Georgia · 1890
  4. White v. Southern Railway Co.Supreme Court of Georgia · 1905
  5. Atchison, Topeka & Santa Fe Railway Co. v. BurksSupreme Court of Kansas · 1908

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