Richmond & Danville Railroad v. Howard
Supreme Court of Georgia
Railroads. Damages. Negligence. Burden of Proof. Before Judge Marshall J. Clarke. Fulton Superior Court. September Term, 1886. Addie Howard brought suit against the Richmond and Danville Railroad Company to recover damages for the homicide of her husband. On the trial, the evidence was voluminous and conflicting, and only the most salient parts of it need be stated.
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Railroads. Damages. Negligence. Burden of Proof. Before Judge Marshall J. Clarke. Fulton Superior Court. September Term, 1886. Addie Howard brought suit against the Richmond and Danville Railroad Company to recover damages for the homicide of her husband. On the trial, the evidence was voluminous and conflicting, and only the most salient parts of it need be stated. That for the plaintiff was, in brief, as follows: At a point within the corporate limits of Atlanta, the tracks of the Richmond and Danville and Georgia Railroads run nearly parallel for some distance. The former then curves away…
1Opinion of the Court
Bleckley, Chief Justice.
A widow brought an action against a railroad company for .the homicide of her'husband. The trial was had upon very voluminous evidence. The jury found a verdict for the plaintiff. The defendant moved for a new trial on various grounds. The motion, was denied, and that is the basis of this writ of error.
1. Amongst the grounds of the motion for a new trial was one which complained that tire judge declined to give-a request in charge to the jury, which request sought to protect, the defendant against the burden of proof as to the negative of certain propositions. The…
2Cited by32 opinions
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- Dorsey v. StateSupreme Court of Georgia · 1899
- Massey v. SellerOregon Supreme Court · 1904
- Hunt v. PollardCourt of Appeals of Georgia · 1937
- Smith v. Central Railroad & Banking Co.Supreme Court of Georgia · 1889
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