Macon & Western Rail Road v. Davis
Supreme Court of Georgia
Case, in Bibb Superior Court. Tried before Judge Powers, May Term, 1855. This was an action on the case, brought by the defendant in error, James M. Davis, as administrator of Willis Boon, deceased, against the plaintiff in error, to recover the value of a negro man slave, and a rockaway carriage.
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Case, in Bibb Superior Court. Tried before Judge Powers, May Term, 1855. This was an action on the case, brought by the defendant in error, James M. Davis, as administrator of Willis Boon, deceased, against the plaintiff in error, to recover the value of a negro man slave, and a rockaway carriage. It appeared in evidence, that on the 14th day of December, 18 — , the engine and cars of the defendant run over and killed and destroyed the said slave and carriage, at a public crossing over said rail road, at or near Prattsville, in the County of Monroe. It further appeared, that Mrs. Winn, who…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The first exception being waived as to the rejection of the Juror, Thomas Dougherty, for cause, and the last, also, as to the failure of the Court to sum up, fully, we proceed to notice the remaining assignments of error.
[1.] As the plaintiff failed to show that he was in the actual possession of the property for the injury to which the suit was brought, and relies upon constructive possession only, he was bound to prove his title on the trial. Such was the-upinion of this Court in Bohinson against McDonald, (2 Kelly, 116,) and such is the well…
2Cases cited1 opinion
- Birge v. GardinerSupreme Court of Connecticut · 1849
3Cited by14 opinions
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- Smith v. American Oil CompanyCourt of Appeals of Georgia · 1948
- Central Railroad v. BrinsonSupreme Court of Georgia · 1883
- Dun v. Seaboard & Roanoke RailroadSupreme Court of Virginia · 1884
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