Atlantic & Birmingham Railroad v. Douglas
Supreme Court of Georgia
Action for damages. Before C. T. Roan, judge pro hac vice. .City court of Douglas. July 8, 1903. To the statement of facts appearing in the opinion it may be added that the negligence charged was, in requiring the plaintiff, who, as a passenger on the defendant’s train, had reached her destination, to alight at an unusual and dangerous place, about sixty yards from the depot, where the ground was about thirty-thfee inches from the bottom step of the coach, and was hardened…
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Action for damages. Before C. T. Roan, judge pro hac vice. .City court of Douglas. July 8, 1903. To the statement of facts appearing in the opinion it may be added that the negligence charged was, in requiring the plaintiff, who, as a passenger on the defendant’s train, had reached her destination, to alight at an unusual and dangerous place, about sixty yards from the depot, where the ground was about thirty-thfee inches from the bottom step of the coach, and was hardened and sunken; and in the failure of the conductor to afford proper assistance to the plaintiff as she was alighting. The…
1Opinion of the CourtCobb, J.
Mrs. Douglas, a married woman, sued the railroad company for $10,000 damages, and recovered a verdict for $5,-500. The railroad company assigns error upon the refusal of the fjudge to grant it a new trial.
1. Pending the trial the plaintiff amended her petition. Counsel for the defendant, claiming that the amendment was material, stated that he was surprised by the same, and moved to continue the case. The court refused this motion, and this is one of the *660errors assigned. Even if the motion for a continuance was sufficient in all other respects, it was lacking in one essential particular :…
2Cases cited1 opinion
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- Mutual Benefit Health & Accident Ass'n v. BellCourt of Appeals of Georgia · 1934
- City of Atlanta v. HamptonSupreme Court of Georgia · 1913
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