Legal Opinion

East Tenn., Va. & Ga. Railway Co. v. Markens

Supreme Court of Georgia

Decided November 10, 1891PublishedCited by 28 opinions

Railroads. Negligence. Charge of court. Practice. Before Judge Van Epps. City court of Atlanta. June term, 1891. Mrs. Markens sued for damages and obtained a verdict, and the railroad company’s motion for a new trial was overruled.

Read the full summary

Railroads. Negligence. Charge of court. Practice. Before Judge Van Epps. City court of Atlanta. June term, 1891. Mrs. Markens sued for damages and obtained a verdict, and the railroad company’s motion for a new trial was overruled. The charge ruled upon in the first division of the decision was as follows: “ There is no evidence whatever in this case that Mrs. Markens was herself guilty of any contributory negligence in the transaction, or, if the defendant is shown to have been negligent in the legal sense, that she could by due care on her part have avoided the consequences to herself of…

1Opinion of the Court

Lumpkin, Justice.

1. While a judge is forbidden to express or intimate his opinion concerning a question of fact about which there is any doubt whatever, he may with propriety say to the juz’y that there is no evidence to support an alleged fact, when such statement is unquestionably true. The object of section 3248 of the code is to prevent *62judges from interfering with the functions of juries in' determining contested issues of fact when there is proof on both sides ; but when an alleged fact is entirely unsupported by evidence, the judge may aid the jury by so informing them, thus relieving…

2Cases cited9 opinions

  1. Little v. HackettSupreme Court of the United States · 1886
  2. Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
  3. Flaherty v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1888
  4. Willmott v. Corrigan Consolidated Street Railway Co.Supreme Court of Missouri · 1891
  5. Georgia Railroad v. CarrSupreme Court of Georgia · 1885

4 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
  2. Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
  3. Wallace v. MizeSupreme Court of Georgia · 1922
  4. Western Union Telegraph Co. v. HarrisCourt of Appeals of Georgia · 1909
  5. Bryson v. Southern Railway Co.Court of Appeals of Georgia · 1908

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API