Seaboard Air-Line Railway v. Bishop
Supreme Court of Georgia
Action ior damages. Before Judge Holden. Madison superior court. September 28, 1901. Bishop brought an action for damages against the Seaboard AirLine Bailway, on account of a personal injury. A verdict in his favor was rendered. The defendant moved for a new trial, which was denied, and it excepted.
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Action ior damages. Before Judge Holden. Madison superior court. September 28, 1901. Bishop brought an action for damages against the Seaboard AirLine Bailway, on account of a personal injury. A verdict in his favor was rendered. The defendant moved for a new trial, which was denied, and it excepted. TTnder the pleadings and evidence it appears, among other things, that the plaintiff, while employed by the defendant as a yard conductor at Athens, Ga., was instructed by his superior officers to relieve the conductor on a passing freight-train, and to act as such conductor until the train…
1ConcurrenceAtkinson, J.
■ I concur in the ruling announced in the first headnote and first division of the opinion, but dissent from the ruling expressed in the second headnote and second division of the opinion, upon the reasoning and authorities following. One *84of the grounds of the motion for new trial was that the verdict was contrary to evidence. Under the peculiar facts of the case it is important first to inquire upon whom the burden of proof rested, after proof of the injur]», to show that the defendant was negligent in the manner charged in the declaration. Under the ruling in Atlanta & Richmond Air-Line Ry.…
2Cases cited31 opinions
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Georgia Railroad & Banking Co. v. NelmsSupreme Court of Georgia · 1889
- Atlantic & Birmingham Railroad v. ReynoldsSupreme Court of Georgia · 1903
- Georgia Railway & Electric Co. v. ReevesSupreme Court of Georgia · 1905
- Marquette, Houghton & Ontonagon Railroad v. KirkwoodMichigan Supreme Court · 1880
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