Western & Atlantic Railroad v. Evans
Supreme Court of Georgia
Action for damages. Before Judge Milner. Catoosa .superior court. August term, 1894. . The declaration alleged, that the plaintiff, while engaged in his duties as a track-hand on the railroad, in running a hand-car under the superintendence of Mitchell, just as the hand-car was going around a curve about 100 yards north of Ringgold depot, it met and ran upon what is known as an extra train; that when the train was about to run into the hand-ear, and under the excitement and…
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Action for damages. Before Judge Milner. Catoosa .superior court. August term, 1894. . The declaration alleged, that the plaintiff, while engaged in his duties as a track-hand on the railroad, in running a hand-car under the superintendence of Mitchell, just as the hand-car was going around a curve about 100 yards north of Ringgold depot, it met and ran upon what is known as an extra train; that when the train was about to run into the hand-ear, and under the excitement and great danger created thereby, Mitchell, plaintiff and four others, hoping to save their lives thereby, all left the…
1Opinion of the Court
Lumpkin, Justice.
This case turned entirely upon the evidence, a full report of which appears in the official statement made by the reporter. An examination of the plaintiff’s evidence, he being the sole witness in his own behalf as to the circumstances under which he was injured, will show that, at best, he made out for himself a very weak and doubtful case. Upon cross-examination, he testified to facts which would absolutely defeat any recovery on his part; and as a whole, his testimony was so utterly inconsistent with itself, and so self-contradictory as to the most vitally important facts…
2Cases cited1 opinion
- Atlanta Consolidated Street Rwy. Co. v. BeauchampSupreme Court of Georgia · 1893
3Cited by91 opinions
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- Chandler v. GatelyCourt of Appeals of Georgia · 1969
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- Southern Railway Co. v. HobbsSupreme Court of Georgia · 1904
- Harlow v. LeclairSupreme Court of New Hampshire · 1927
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