Selma, Rome & Dalton Railroad v. Fleming
Supreme Court of Georgia
Railroads. Damages. Evidence. New .trial. Compromise. Before Judge Harvey. Floyd Superior Court. January Adjourned Term, 1872. Fleming brought suit against the Selma, Rome and Dalton Railroad Company for damages sustained by him, resulting from the killing of his cow by the defendant. The defendant pleaded not guilty. The expenses of litigation were claimed by the plaintiff as a part of the damages. The jury returned a verdict for the plaintiff for $60 00 and costs.
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Railroads. Damages. Evidence. New .trial. Compromise. Before Judge Harvey. Floyd Superior Court. January Adjourned Term, 1872. Fleming brought suit against the Selma, Rome and Dalton Railroad Company for damages sustained by him, resulting from the killing of his cow by the defendant. The defendant pleaded not guilty. The expenses of litigation were claimed by the plaintiff as a part of the damages. The jury returned a verdict for the plaintiff for $60 00 and costs. The defendant moved for a hew trial upon the following ground, to-wit: *lst. Because the verdict is contrary to the evidence and…
1Opinion of the Court
McCay, Judge.
1. Under section 2891, Irwin’s Revised Code, damages for a tort may be increased by the expenses of litigation, if the defendant have shown himself specially litigious in the matter. This, declaration claimed such an increase on the ground of such litigiousness. The evidence offered was some evidence going to show it. Plaintiff offered to compromise — defendant refused— offered $30 00, etc. The evidence is very weak, it is true. It goes to prove it, and that is all; and had the jury, by their verdict,, found any such expenses,' we should hesitate to sustain it. But, under the…
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