Christian v. Macon Railway & Light Co.
Supreme Court of Georgia
Action for damages. Before Judge Hodges. City court of Macon. September 15, 1903. The suit was on account of injuries received in a collision of an electric street-car with a wagon in which the plaintiff was riding. He was nonsuited, and he excepted. At the trial there was testimony showing the following: The plaintiff got in his wagon at the sidewalk of a street along which ran three parallel sets of street-car tracks.
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Action for damages. Before Judge Hodges. City court of Macon. September 15, 1903. The suit was on account of injuries received in a collision of an electric street-car with a wagon in which the plaintiff was riding. He was nonsuited, and he excepted. At the trial there was testimony showing the following: The plaintiff got in his wagon at the sidewalk of a street along which ran three parallel sets of street-car tracks. Before the wagon started he glanced up and down the street to see if a car was approaching, but did not see one. Intending to go to the other side of the street, he drove the…
1Opinion of the CourtSimmons, C. J.
The first headnote is sufficient without elaboration. The second gave us more trouble. It seemed to some of us, when the question was argued, that, where the plaintiff put in evidence the admissions and declarations of the defendant, by introducing a paragraph of the answer, and these declarations fully exonerated the defendant from all blame, the plaintiff was es-topped to deny or contradict them. It was on this theory, we suppose, that the learned judge below granted the nonsuit. After a thorough and careful examination of the authorities, we find that this is not the rule as to such…
2Cases cited9 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- McElmurray v. TurnerSupreme Court of Georgia · 1890
- Skipper v. StateSupreme Court of Georgia · 1877
- Bearss v. . CopleyNew York Court of Appeals · 1854
- Hickson v. BryanSupreme Court of Georgia · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Reaves v. Columbus Electric & Power Co.Court of Appeals of Georgia · 1924
- Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
- Ehrlich v. MillsSupreme Court of Georgia · 1948
- Luke v. CannonCourt of Appeals of Georgia · 1908
- Southern Railway Co. v. WessingerCourt of Appeals of Georgia · 1924
16 more not listed; retrieve them via the Exa API.