Legal Opinion

Cotchett v. Savannah & Tybee Railway Co.

Supreme Court of Georgia

Decided March 17, 1890PublishedCited by 7 opinions

Nonsuit: Negligence. Railroads. Passengers. Practice. Before Judge Harden. City court of Savannah. February term, 1889. Cotchett sued for damages for personal injuries. His evidence tended to show the following: On the night of 17th of August, 1887, he was a passenger on defendant’s excursion train of eight or nine comfortably full cars. A large number of people were aboard, but all could be provided with seats.

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Nonsuit: Negligence. Railroads. Passengers. Practice. Before Judge Harden. City court of Savannah. February term, 1889. Cotchett sued for damages for personal injuries. His evidence tended to show the following: On the night of 17th of August, 1887, he was a passenger on defendant’s excursion train of eight or nine comfortably full cars. A large number of people were aboard, but all could be provided with seats. Plaintiff was sitting in one of the cars, and when the train was going very slowly and about to stop, he got up to get some water; there was none in the car where he was sitting, and…

1Opinion of the Court

Blandford, Justice.

In this case the court awarded a nonsuit. The plain*690tift excepted, and says that this was error. We are of the opinion that the court committed error in awarding a nonsuit in this case; that the same should.have been submitted to a jury. Judgment reversed.

2Cited by7 opinions

  1. Galveston, Harrisburg & San Antonio Railway Co. v. PatilloCourt of Appeals of Texas · 1907
  2. Auld v. Southern Railway Co.Supreme Court of Georgia · 1911
  3. Siegel v. Illinois Central RailroadMissouri Court of Appeals · 1915
  4. Branan v. Southern Railway Co.Supreme Court of Georgia · 1910
  5. Gardner v. Waycross Air-Line RailroadSupreme Court of Georgia · 1895

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