East Tenn., Va. & Ga. Railway Co. v. Hesters
Supreme Court of Georgia
Railroads. Negligence. Eire from locomotives. Evidence. Practice. Before Judge Atkinson. Appling superior court. October adjourned term, 1891. David Hesters sued the railway company for damages, alleging that on the 28th of January, 1890, he was and still is the true owner and in possession of 260 acres of lots of land 848 and 378 in the second district of Appling county; that he is a farmer and stock-raiser by occupation, his farm being located on the land above described;…
Read the full summary
Railroads. Negligence. Eire from locomotives. Evidence. Practice. Before Judge Atkinson. Appling superior court. October adjourned term, 1891. David Hesters sued the railway company for damages, alleging that on the 28th of January, 1890, he was and still is the true owner and in possession of 260 acres of lots of land 848 and 378 in the second district of Appling county; that he is a farmer and stock-raiser by occupation, his farm being located on the land above described; that his horses, cattle, hogs and other domestic animals were accustomed to range and graze upon and in the vicinage of…
1Opinion of the Court
*12 Judgment affirmed.
The jury found for the plaintiff $308.25. A motion for a new trial was denied, and the defendant excepted. The motion alleges that the verdict is contrary to law and evidence. It is further complained that the court refused to entertain the defendant’s demurrer as such, but entertained it only as a motion to dismiss the case, and as such overruled it. The grounds taken therein were : (1) that the declaration does not set forth any sufficient cause of action ; (2) that it does not show by what agent, servant or employee the act was done, nor by what cars, train or locomotive…
2Cited by8 opinions
- Gainesville, Jefferson & Southern Railroad v. EdmondsonSupreme Court of Georgia · 1897
- Seaboard Air-Line Railway Co. v. FountainSupreme Court of Georgia · 1931
- Southern Railway Co. v. ThompsonSupreme Court of Georgia · 1907
- Bowen v. Smith-Hall Grocery Co.Supreme Court of Georgia · 1914
- Inman & Co. v. Elberton Air-Line RailroadSupreme Court of Georgia · 1893
3 more not listed; retrieve them via the Exa API.