Augusta & Savannah Railroad v. McElmurry
Supreme Court of Georgia
Assessment of Damages, in Richmond Superior Court. Tried on appeal before Holt, Judge, at October Term, 1857. Under the provisions of the statute of 1851,-’2, page 108, James R. McElmurry served a written notice on the Augusta and Savannah Railroad Company to appear at the Inferior Court to be held in and for Richmond county, on the Thursday after the first Monday in March, 1756, to show cause why the damages should not be assessed against said company for killing a negro…
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Assessment of Damages, in Richmond Superior Court. Tried on appeal before Holt, Judge, at October Term, 1857. Under the provisions of the statute of 1851,-’2, page 108, James R. McElmurry served a written notice on the Augusta and Savannah Railroad Company to appear at the Inferior Court to be held in and for Richmond county, on the Thursday after the first Monday in March, 1756, to show cause why the damages should not be assessed against said company for killing a negro woman belonging to plaintiff of the value of one thousand-dollars, and tearing to pieces and injuring a certain cart of…
1Opinion of the CourtLumpkin, J.
By the Court. delivering the opinion.
[1.] Was the Court right in refusing to charge the jury, that if the injury was alleged to have been committed on the 4th day of the month, and the proof showed that it was done on the 5th, that the verdict must be for the defendant ?
It is argued that this being a summary proceeding, and in derogation of the common law, should be construed strictly, Acts relative to railroads cannot be in derogation of the common law, for railroads were unknown to the common law; and the principles of the^ common law applicable to ordinary public roads and vehicles, would…
2Cited by14 opinions
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