Legal Opinion

Western & Atlantic Railroad v. Young

Supreme Court of Georgia

Decided October 21, 1889PublishedCited by 34 opinions

Railroads. Damages. Negligence. Charge of court. Evidence. Practice. Municipal corporations. Infancy. Before Judge Yan Epps. City court of Atlanta.

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Railroads. Damages. Negligence. Charge of court. Evidence. Practice. Municipal corporations. Infancy. Before Judge Yan Epps. City court of Atlanta. June term, 1889. The most material facts of the evidence may be seen from the former report of the case. 81 Ga. 397. On the second trial, the jury found for the plaintift $13,750. Among the grounds for new trial were these : Upon the first trial, defendant moved to continue for absence of a witness, by whom it expected to prove that the engine bell was ringing at the time of the inj ury; and plaintiff’s counsel stated that he would admit this fact…

1Opinion of the Court

Bleckley, Chief Justice.

1. Yiewed from a legal standpoint, the damages awarded by the jury seem to us extreme, if not excessive. We do not mean to say that, tried by an absolute standard, there is any such thing as compensation in money for the loss of an arm, or for the pain and suffering occasioned by being dismembered under the crushing wheel of a car. Only a qualified or relative compensation is possible, and the law, which is always practical, never visionary, contemplates the latter, not the former. It recognizes the restrictions imposed by *515many considerations, such as the limited…

2Cases cited4 opinions

  1. Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
  2. Thornton v. LaneSupreme Court of Georgia · 1852
  3. Colquitt v. ThomasSupreme Court of Georgia · 1850
  4. Central Railroad v. SmithSupreme Court of Georgia · 1886

3Cited by34 opinions

  1. Huckabee v. GraceCourt of Appeals of Georgia · 1934
  2. Patton v. Bank of LaFayetteSupreme Court of Georgia · 1906
  3. Albany Phosphate Co. v. Hugger Bros.Court of Appeals of Georgia · 1908
  4. Riggs v. WatsonCourt of Appeals of Georgia · 1948
  5. Central Railroad & Banking Co. v. RyleeSupreme Court of Georgia · 1891

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