Legal Opinion

Southern Railway Co. v. Davis

Supreme Court of Georgia

Decided October 26, 1896PublishedCited by 2 opinions

Certiorari. Before Judge Milner. Whitfield superior court. October term, 1895. Davis sued the railway company on account of the loss of three hogs, and obtained a verdict which was sustained on certiorari.

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Certiorari. Before Judge Milner. Whitfield superior court. October term, 1895. Davis sued the railway company on account of the loss of three hogs, and obtained a verdict which was sustained on certiorari. It appears, that on November 22, 1894, plaintiff shipped a car-load of hogs from Philadelphia, Tenn., to Dalton, Ga., under a special contract containing the following among other agreements by the shipper: In consideration of transporting the stock at a reduced rate and furnishing to the owner or his agent free transportation on the train with the stock, “I agree that said . . . railway…

1Opinion of the CourtSimmons, C. J.

1. There being sufficient evidence to support a finding that the injury complained of was caused by the defendant’s negligence, there was no error ih overruling the certiorari, which presented for review by the superior court the single question whether or not 'the verdict in the magistrate’s court was contrary to law and the evidence.

2. The alleged error in admitting evidence could not be considered by the superior court, for the reason that the petition for certiorari did not state what, if any, objection was made when' the evidence in question was offered. Judgment affirmed.

Plaintiff…

2Cited by2 opinions

  1. Georgia Coast & Piedmont Railroad v. HerringtonCourt of Appeals of Georgia · 1914
  2. Cohen v. FinkovitchCourt of Appeals of Georgia · 1929

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