County of Macon v. Chapman
Supreme Court of Georgia
County Matters. Damages. Negligence Charge of Court. Before Judge Fort. Macon Superior Court. December Term, 1883 To the report contained in the decision, it is only necessary to add, in connection with the third division thereof, that one ground of the motion for new trial was newly discovered evidence to show that plaintiff went before the grand jury for the purpose of getting them to recommend that the commissioners pay his claim for damages to his mule; and that he then…
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County Matters. Damages. Negligence Charge of Court. Before Judge Fort. Macon Superior Court. December Term, 1883 To the report contained in the decision, it is only necessary to add, in connection with the third division thereof, that one ground of the motion for new trial was newly discovered evidence to show that plaintiff went before the grand jury for the purpose of getting them to recommend that the commissioners pay his claim for damages to his mule; and that he then stated that the mule was still alive, this being a later date than he fixed for its death in his testimony.
1Opinion of the Court
Hall, Justice.
This was a suit against the county of Macon to recover damages for killing plaintiff’s mule by reason of defects in a public bridge which the county should have kept in repair and in a safe condition to be traveled over. On the trial, and, as we infer from the record, at the proper stage, of the trial, defendant’s counsel requested the court orally to charge the jury, “ If the plaintiff, by the exercise of or dinary care and diligence, could have avoided the injury to the mule, then he could not recover.” This charge was declined, because the request to make it was not in…
2Cases cited2 opinions
- Richardson v. StateSupreme Court of Georgia · 1883
- Branan v. MaySupreme Court of Georgia · 1855
3Cited by6 opinions
- Miller v. SmytheSupreme Court of Georgia · 1895
- Evans v. Charleston & Western Carolina RailroadSupreme Court of Georgia · 1899
- McCart v. Jasper CountyCourt of Appeals of Georgia · 1916
- Bennett v. StateCourt of Appeals of Georgia · 1942
- Windom v. Colquitt CountyCourt of Appeals of Georgia · 1927
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