Legal Opinion

Savannah Electric Co. v. Mullikin

Supreme Court of Georgia

Decided November 13, 1906PublishedCited by 5 opinions

Action for damages. Before Judge Cann. Chatham superior court. August 16, 1905. Mullikin brought his action to recover for a personal injury, alleging, that at the time of the injury he was a passenger on a car of defendant company; that while seated on said car, the overhead trolley-wire parted, causing flashes of electricity to play around the car and to frighten the passengers thereon: that the motorman in charge of said car cried out for all persons to leave the car, and…

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Action for damages. Before Judge Cann. Chatham superior court. August 16, 1905. Mullikin brought his action to recover for a personal injury, alleging, that at the time of the injury he was a passenger on a car of defendant company; that while seated on said car, the overhead trolley-wire parted, causing flashes of electricity to play around the car and to frighten the passengers thereon: that the motorman in charge of said car cried out for all persons to leave the car, and thereupon plaintiff proceeded to the side of said car for the purpose of alighting, but just as he stepped upon the…

1Opinion of the CourtBeck, J.

(After stating the foregoing facts.)

1. The first ground of the amended motion is an attack upon the following portion of the court’s charge to the jury: “Because the court charged the jury as follows: 'The plaintiff can not recover if the company shall make it appear to the satisfaction of the jury that its employees exercised extraordinary care and diligence.’ ” The motion complains that this is error, “in that it required the company, in order to defeat a recovery, to show to the satisfaction ■of the jury, instead of by a preponderance of evidence, that its employees exercised extraordinary…

2Cases cited1 opinion

  1. Kenyon v. City of MondoviWisconsin Supreme Court · 1897

3Cited by5 opinions

  1. Martin & Sons v. Bank of LeesburgSupreme Court of Georgia · 1911
  2. Crozier v. GoldmanSupreme Court of Georgia · 1922
  3. Edwards v. StateCourt of Appeals of Georgia · 1937
  4. Western & Atlantic Railroad v. BennettCourt of Appeals of Georgia · 1933
  5. Bottoms v. StateCourt of Appeals of Georgia · 1933

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