Savannah, Florida & Western Railway v. Barber
Supreme Court of Georgia
New Trial. Charge of Court. Allegata and Probata. Master -and Servant. Railroads. Damages. Negligence. Onus Probandi. Before Judge Adams. Chatham Superior Court. December Term, 1882. Barber brought suit against the Savannah, Florida and Western Railway Company.
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New Trial. Charge of Court. Allegata and Probata. Master -and Servant. Railroads. Damages. Negligence. Onus Probandi. Before Judge Adams. Chatham Superior Court. December Term, 1882. Barber brought suit against the Savannah, Florida and Western Railway Company. His declaration alleged that he was a car coupler on that road; that a part of his duty was to “go between the moving cars or boxes attached to the engine, and stationary cars or boxes to be coupled, and to safely take up with his left hand the link used in coupling said cars and boxes, and cause said link to enter the bumper of the…
1Opinion of the Court
Jackson, Chief Justice.
1. The first grant of a new trial is not closely scrutinized to detect errors in the grant. This is the first grant to this plaintiff in error.
*6482. Even if it were our duty to reverse this well settled rule, and to examine the various errors of law alleged in the motion for a new trial, upon all of which error is assigned here, either by the plaintiff in error or the defendant on a cross-bill of exceptions, or pendente lite bill, it seems to us that the case was not fairly presented to the jury, and that the judge was right to try the case again, to correct manifest error.…
2Cases cited4 opinions
- Central Railroad v. MitchellSupreme Court of Georgia · 1879
- Field v. MartinSupreme Court of Georgia · 1873
- Central Railroad v. MooreSupreme Court of Georgia · 1878
- Central Railroad & Banking Co. v. SearsSupreme Court of Georgia · 1877
3Cited by28 opinions
- Napier v. StrongCourt of Appeals of Georgia · 1917
- Tietjen v. DobsonSupreme Court of Georgia · 1930
- Ratteree v. ChapmanSupreme Court of Georgia · 1887
- Gainesville & Northwestern Railroad v. GallowayCourt of Appeals of Georgia · 1916
- Central Railroad & Banking Co. v. AttawaySupreme Court of Georgia · 1893
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