Penitentiary Co. v. Gordon
Supreme Court of Georgia
Verdict. Evidence. Negligence. Burden of proof. Demurrer. Practice. Convicts. Officers. Governor. Amendment. Charge of court. Pleadings. Before Judge Marshall J. Clarke. Pulton superior court.
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Verdict. Evidence. Negligence. Burden of proof. Demurrer. Practice. Convicts. Officers. Governor. Amendment. Charge of court. Pleadings. Before Judge Marshall J. Clarke. Pulton superior court. September term, 1889. The opinion states in full everything contained in the official report, except the following: It appears from the record that it was admitted at the trial that the convicts in question escaped from the custody of the defendant under its lease; and the only issue submitted to the jury was as to whether this was through its negligence. There appeared in evidence a transcript from the…
1Opinion of the Court
Simmons, Justice.
The governor brought suit on the bond of the defendant for $3,800 damages caused by the escape of nineteen named convicts, giving the date and place of each, and alleging that each and every escape was negligent and caused by the carelessness and insufficient watchfulness of the guards, employees and officers of the company who were in charge of the convicts. Attached to the declaration is a copy of the bond in the sum of $37,500, dated June 21, 1876, requiring, among other things, that the principal shall keep the convicts hired to it “securely, without expense to the State,…
2Cases cited2 opinions
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- Baggerly v. Bainbridge State BankSupreme Court of Georgia · 1925
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