Chattahoochee Brick Co. v. Sullivan
Supreme Court of Georgia
.Damages. Charge of court. Evidence. Admissions. Practice. Witness. New trial. Before Judge Van Epps. City court of Atlanta.
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.Damages. Charge of court. Evidence. Admissions. Practice. Witness. New trial. Before Judge Van Epps. City court of Atlanta. December term, 1889. The petition of Sullivan alleged, in brief, that in 1888 he contracted with the Chattahoochee Brick Company for the laying of fifty-seven miles of railroad track and surfacing the road-bed of the railroad from Rome, Ga., to within ten miles of Chattanooga, Tenn., for $300 per mile, the brick company agreeing to furnish all material needed for the work and provide transportation for the same to the point of work, and that after March 1, 1888, the…
1Opinion of the Court
Bleckley, Chief Justice.
The facts appear in the official report.
*641. There was no error in the charge of the court set out in the fifth ground, of the motion for a new trial, which instructed the jury that if they found a certain state of facts by which the plaintiff suffered damage, he would be entitled to recover therefor. The point is made that the court gave the jury no rule for determining the kind of damage or for measuring the amount. Of course the charge is to be applied to the evidence, and that shows that the damage consisted of the plaintiff’s expense incurred pending certain…
2Cases cited4 opinions
- Gholston v. GholstonSupreme Court of Georgia · 1860
- Head v. BridgesSupreme Court of Georgia · 1881
- Anderson v. TribbleSupreme Court of Georgia · 1881
- Bass v. WinfrySupreme Court of Georgia · 1856
3Cited by17 opinions
- Gholston v. GholstonSupreme Court of Georgia · 1860
- Sarman v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1924
- White v. StateCourt of Appeals of Georgia · 1975
- Smith v. SmithSupreme Court of Georgia · 1950
- Wiseman v. RyanWest Virginia Supreme Court · 1935
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