Atlanta & West Point Railroad v. Newton
Supreme Court of Georgia
Damages. Negligence. Railroads. Evidence. Charge of court. Before Judge Harris. Troup superior court. ^April term, 1889. On June 13, 1885, Mrs. Newton sued the railroad company for $15,000 damages for the homicide of her husband. On the trial the evidence was conflicting, but tended to show the following facts: Newton was sixty-three years old.
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Damages. Negligence. Railroads. Evidence. Charge of court. Before Judge Harris. Troup superior court. ^April term, 1889. On June 13, 1885, Mrs. Newton sued the railroad company for $15,000 damages for the homicide of her husband. On the trial the evidence was conflicting, but tended to show the following facts: Newton was sixty-three years old. About four o’clock in the afternoon on May 29, 1885, he was driving his horse and buggy on Hines street, a public street in LaGrange, eastward towards the railroad track, to which the street gradually ascended from a branch about ninety yards below,…
1Opinion of the Court
Simmons, Justice.
Mrs. Newton sued the railroad company for damages for the homicide of her husband. The jury returned a verdict in her favor, and the railroad company made a motion for a new trial, which was overruled by the court, and defendant excepted.
1. The fifth and sixth grounds of the motion complain of the admission in evidence of certain sayings, after the homicide, of a person alleged to have been the engineer on the train. This testimony was objected to on the ground that it was not shown that the person making the statement was an employee of the defendant so that his sayings in…
2Cases cited5 opinions
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Davis v. Central RailroadSupreme Court of Georgia · 1878
- Morris v. Town of East HavenSupreme Court of Connecticut · 1874
- Chase v. Maine Central RailroadSupreme Judicial Court of Maine · 1885
- Central Railroad v. RouseSupreme Court of Georgia · 1887
3Cited by25 opinions
- Neill v. HillCourt of Appeals of Georgia · 1924
- East Tenn., Va. & Ga. Railway Co. v. KaneSupreme Court of Georgia · 1893
- Willis v. HillCourt of Appeals of Georgia · 1967
- Dickinson v. Southern Pacific Co.California Supreme Court · 1916
- Bryson v. Southern Railway Co.Court of Appeals of Georgia · 1908
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