Seaboard Air-Line Railway v. Horning
Court of Appeals of Georgia
Action for damages; from city court of Savannah — Judge 'Davis Freeman. May 21, 1915. (1) While the plaintiff, a car inspector of the railway company, was under a car of one of its trains, making repairs, the train moved and dragged him for some distance, causing injuries to his back, which resulted in great pain and incapacitated him from work.
Read the full summary
Action for damages; from city court of Savannah — Judge 'Davis Freeman. May 21, 1915. (1) While the plaintiff, a car inspector of the railway company, was under a car of one of its trains, making repairs, the train moved and dragged him for some distance, causing injuries to his back, which resulted in great pain and incapacitated him from work. This occurred in May, 1914, and it was testified at his trial, in January, 1915, that in consequence of these injuries he was still incapable of doing his work as a car inspector, and that he had traumatic neurasthenia; and a physician testified that…
1Opinion of the CourtWade, C. J.
1. There -was evidence to support the verdict. The complaint that the damages awarded ($9,500) were excessive is without merit. Nothing appears in the record to justify any inference of bias or prejudice, or of gross mistake on the part of the jury. Civil Code, §§ 4505, 4399.
2. There is no substantial merit in the assignments of error on the alleged introduction of testimony in rebuttal, which the plaintiff in error insists should have been offered in chief, or was merely cumulative. This was a matter within the discretion of the trial judge, and no. abuse of that discretion appears.
3. It is…
2Cases cited6 opinions
- Floyd v. StateSupreme Court of Georgia · 1915
- Owens v. StateSupreme Court of Georgia · 1904
- Ivey v. StateSupreme Court of Georgia · 1901
- Roberts v. KeelerSupreme Court of Georgia · 1900
- Wight & Weslosky v. SchmidtSupreme Court of Georgia · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cammons v. StateCourt of Appeals of Georgia · 1939
- Grayhouse v. StateCourt of Appeals of Georgia · 1941
- Spainhour v. KnightCourt of Appeals of Georgia · 1980