Higgins v. Cherokee Railroad
Supreme Court of Georgia
Practice in Supreme Court. Railroads. Damages. Negligence. Practice in Superior Court. Attorney and Client. Jury and Jurors. Non-suit. Common Carriers. Before Judge Branham. Polk Superior Court. February Term, 1884. Thomas Y. Higgins brought his action against the Cherokee Railroad Company to recover $10,000.00, as damages for a personal injury, alleged to have resulted to him from the negligence of the defendant.
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Practice in Supreme Court. Railroads. Damages. Negligence. Practice in Superior Court. Attorney and Client. Jury and Jurors. Non-suit. Common Carriers. Before Judge Branham. Polk Superior Court. February Term, 1884. Thomas Y. Higgins brought his action against the Cherokee Railroad Company to recover $10,000.00, as damages for a personal injury, alleged to have resulted to him from the negligence of the defendant. On the trial, plaintiff testified, in brief, as follows: On Sunday, May 2,1880, plaintiff was at Rockmart on a visit. Defendant’s-train came up. A Mr. Bullock, who was on board, and…
1Opinion of the Court
Hall, Justice.
1. The 6th, 9th, 15th, 16th and 17th grounds of the motion for a new trial complain that the judge omitted charges upon certain questions involved in this litigation, and which were claimed to be essential to its full consideration. It is no"t shown, however, that his attention was specially called to these questions, or that a fuller or more particular charge on them than that given was requested. Counsel seem to forget that they owe a duty to the court in this respect, and if they fail to perform it, they thereby, *160as a general rule, estop themselves from excepting on such…
2Cases cited2 opinions
- Henry v. Southern Pacific RailroadCalifornia Supreme Court · 1875
- Zettler v. City of AtlantaSupreme Court of Georgia · 1880
3Cited by43 opinions
- Anderson v. Southern Railway Co.Supreme Court of Georgia · 1899
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Northwestern University v. CrispSupreme Court of Georgia · 1955
- Southern Railway Co. v. ThompsonSupreme Court of Georgia · 1907
- Brown v. Service Coach Lines Inc.Court of Appeals of Georgia · 1944
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