Randolph v. Brunswick & Birmingham Railroad
Supreme Court of Georgia
Action for damages. Before Judge Parker. ' Glynn superior court. January 23, 1904. Mrs. Randolph sued the Brunswick and Birmingham Railroad Company and the Seaboard Air Line Railway for the homicide of her husband, alleging that he was killed by an engine of the latter company on the track of the former, where it crossed a private way.
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Action for damages. Before Judge Parker. ' Glynn superior court. January 23, 1904. Mrs. Randolph sued the Brunswick and Birmingham Railroad Company and the Seaboard Air Line Railway for the homicide of her husband, alleging that he was killed by an engine of the latter company on the track of the former, where it crossed a private way. She alleged, that he had a right to be onAthe track; that, the defendants were charged with knowledge of the fact that some one might be and probably would be on the track; that they knew he was there, and negligently failed to stop the .engine; that he was…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) 1. The court granted a nonsuit. The plaintiff sued out a writ of error. On the call of the case here, the defendant presented a certificate from the clerk of the superior court, showing that after the bill of exceptions had been transmitted to the Supreme Court, the plaintiff filed another suit for identically the same cause of action; and thereupon the defendant moved to dismiss the writ of error, on the ground that the institution of the second suit was an acceptance and ratification of the judgment granting a nonsuit. Courts do not settle moot questions…
2Cases cited7 opinions
- Hightower v. ThorntonSupreme Court of Georgia · 1850
- Tuells v. TorrasSupreme Court of Georgia · 1901
- Gallaher v. SchneiderSupreme Court of Georgia · 1900
- Owens v. Read Phosphate Co.Supreme Court of Georgia · 1902
- Holst v. BurrusSupreme Court of Georgia · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Patterson v. BeckSupreme Court of Georgia · 1910
- Seaboard Air-Line Railway v. RandolphSupreme Court of Georgia · 1911
- Seaboard Air-Line Railway v. RandolphSupreme Court of Georgia · 1906
- Central of Georgia Railway Co. v. StampsCourt of Appeals of Georgia · 1934
- Kitchens v. StateCourt of Appeals of Georgia · 1908
12 more not listed; retrieve them via the Exa API.