Davis v. Central Railroad
Supreme Court of Georgia
Interrogatories. Practice in the Superior Court. Charge of Court. Witness. Damages. New Trial. Before Judge IIillyer. Fulton Superior Court.
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Interrogatories. Practice in the Superior Court. Charge of Court. Witness. Damages. New Trial. Before Judge IIillyer. Fulton Superior Court. April Term, 1877. Rebecca B. A. Davis, an infant, by her next friend, brought case against the railroad company for $10,000.00 damages, alleged to have been sustained by her on account of a collision of trains, upon one of which she was a passenger, through the negligence of the defendant; she alleged that in addition to other injuries sustained, she had been made permanently deaf and dumb. The defendant pleaded the general issue. There was no question…
1Opinion of the Court
Bleckley, Judge.
1. So far as appears, there was no obstacle to a further examination of the witness. The direct, not the cross, interrogatories were answered short. The plaintiff, when this was discovered, should have taken steps to have the witness re-examined. It was not the fault of the defendant that the answers were deficient in fullness. Under the consent, the plaintiff was in a situation where the reading of the answers could have been forced upon the defendant. The cross-interrogatories were all answered, and that being so, the defendant could not have hindered the reading. Was it,…
2Cases cited5 opinions
- Settle v. AlisonSupreme Court of Georgia · 1850
- McArdle v. Bullock & RadcliffSupreme Court of Georgia · 1872
- Feagan v. CuretonSupreme Court of Georgia · 1856
- Bond v. CarterSupreme Court of Georgia · 1854
- Western & Atlantic Railroad v. HarrisSupreme Court of Georgia · 1872
3Cited by24 opinions
- Janet Feliciano v. City of Miami BeachCourt of Appeals for the Eleventh Circuit · 2013
- Atlanta, Knoxville & Northern Railway Co. v. GardnerSupreme Court of Georgia · 1905
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Southern Railway Co. v. BrockSupreme Court of Georgia · 1909
- Betts Co. v. HancockSupreme Court of Georgia · 1912
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