Austin v. Appling
Supreme Court of Georgia
Verdict. Charge of court. Master and servant. Partnership. Before Judge Van Epps. City court of Atlanta. June term, 1891. Appling sued Austin, Boylston and Dobbs, “a firm or partnership doing business under the name of the Eulton Lumber & Manufacturing Company,” for damages, alleging, in brief, that he was an employee of defendants in their lumber-yard, it being his duty to load and unload lumber, place it in a kiln for drying, etc.; that the kiln was so constructed that it…
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Verdict. Charge of court. Master and servant. Partnership. Before Judge Van Epps. City court of Atlanta. June term, 1891. Appling sued Austin, Boylston and Dobbs, “a firm or partnership doing business under the name of the Eulton Lumber & Manufacturing Company,” for damages, alleging, in brief, that he was an employee of defendants in their lumber-yard, it being his duty to load and unload lumber, place it in a kiln for drying, etc.; that the kiln was so constructed that it was necessary to raise a very heavy door in order to place lumber in it, which door had fastened to each end an iron…
1Opinion of the Court
Lumpkin, Justice.
1. Juries ought to agree upon verdicts whenever they can conscientiously do so, and it is not improper for the court to aid them in reconciling their differences of opinion by using such language as the following: “ If you disagreed about a matter of law, I could aid you; but as it is a matter of evidence, I cannot aid you, as you are judges of the evidence, except by some rules of law for your guidance. I can, however, give you this rule : in civil cases, where the jury cannot reconcile the testimony of witnesses conflicting, they can find a verdict according to the…
2Cases cited7 opinions
- Schofield v. JonesSupreme Court of Georgia · 1890
- Parker v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1889
- Francis v. Dickel & Co.Supreme Court of Georgia · 1881
- Wooten & Co. v. NallSupreme Court of Georgia · 1855
- Maynard & Son v. PonderSupreme Court of Georgia · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Southern Cotton Oil Co. v. DukesSupreme Court of Georgia · 1905
- Chicago Building & Manufacturing Co. v. ButlerSupreme Court of Georgia · 1913
- Burson v. ShieldsSupreme Court of Georgia · 1925
- Gambo v. Dugas & SonSupreme Court of Georgia · 1916
- Smith v. NelsonCourt of Appeals of Georgia · 1971
20 more not listed; retrieve them via the Exa API.