Smith v. Savannah, Florida & Western Railway Co.
Supreme Court of Georgia
Damages. New trial. Negligence. Railroads. Practice. Before Judge Falligant. Chatham superior court. June term, 1889. On January 18, 1888, Joe Smith, nine years and eight months of age, returning from school about two o’clock in the afternoon, was run over by the defendant’s train and lost a leg. He brought suit and recovered a verdict for. $7,500 damages.
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Damages. New trial. Negligence. Railroads. Practice. Before Judge Falligant. Chatham superior court. June term, 1889. On January 18, 1888, Joe Smith, nine years and eight months of age, returning from school about two o’clock in the afternoon, was run over by the defendant’s train and lost a leg. He brought suit and recovered a verdict for. $7,500 damages. Judge Adams granted a new trial, upon which the evidence for the plaintiff was to the following effect; He lived just out of Savannah on Reynolds street, 850 or 400 yards south of Lover’s lane and east of the right of way of the defendant,…
1Opinion of the Court
Bleckley, Chief Justice.
1. Although this was the second grant of a new trial, we would be disposed to uphold it if it rested alone upon the ground that the damages found by the jury are excessive. The case is an exceedingly close one for any recovery at all, and this being so, there ought to be no extravagance or excess in the amount of damages which the company shall pay. Although the plaintiff was under ten years of age, he seems to have been a bright boy, having enough development of mind to know that he was doing wrong not to wait for the cars to get out of his way at the crossing, and in…
2Cases cited1 opinion
- Branan v. MaySupreme Court of Georgia · 1855
3Cited by15 opinions
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- Indianapolis Union Railway Co. v. NeubacherIndiana Court of Appeals · 1896
- Central of Georgia Railway Co. v. MotzSupreme Court of Georgia · 1908
- Lynch v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1917
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