Harden v. Central of Georgia Railway Co.
Court of Appeals of Georgia
Action for damages; from city court of Savannah — Judge Davis Freeman. March 29, 1917. (See 18 Ga. App. 392.)
1Opinion of the CourtWade, C. J.
1. Whether or not declarations claimed to be a part of the res gestae are really such is ordinarily a question of law for determination by the court, and in this case the court correctly held the evidence admissible as part of the res gestae. Since the only matter which was within the province of the jury was the weight to be given the evidence, the instruction, “You are to determine whether or not it is a declaration accompanying an act, or so nearly connected therewith in time as to be free from suspicion of device or afterthought,” may possibly have been erroneous in this ease, under the…
2Cases cited9 opinions
- Southern Railway Co. v. BrownSupreme Court of Georgia · 1906
- Youmans v. MooreCourt of Appeals of Georgia · 1912
- Southern Railway Co. v. WilliamsCourt of Appeals of Georgia · 1917
- Jambs v. BoyettCourt of Appeals of Georgia · 1917
- Rounsaville v. CampCourt of Appeals of Georgia · 1917
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3Cited by3 opinions
- Maloy v. DixonCourt of Appeals of Georgia · 1972
- State Farm Mutual Automobile Insurance v. RogersCourt of Appeals of Georgia · 1962
- Shockley v. HensleeCourt of Appeals of Georgia · 1970