Turner v. Rome Street Railroad
Supreme Court of Georgia
"Verdict. Justice’s courts. Certiorari. Before Judge Maddox. Eloyd superior court. September term, 1887. Robert Turner sued the Rome Street Railroad Company in a justice’s court for injury to his hack, caused by careless driving of its car.
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"Verdict. Justice’s courts. Certiorari. Before Judge Maddox. Eloyd superior court. September term, 1887. Robert Turner sued the Rome Street Railroad Company in a justice’s court for injury to his hack, caused by careless driving of its car. On the trial before a jury in that court, the plaintiff showed the following: He was carrying the mail from the depot of the E. T., Y. & Gr. railroad to the post-office, and had gone part of the distance when he heard a street-car coming behind hfmt He started to cross the track, so that he would not have to cross it again before reaching his destination.…
1Opinion of the Court
Simmons, Justice.
The official report will show the pleadings and evidence in this case. It will also show that this case was twice tried by a jury in a justice’s court, who returned the same verdict both times. This court, in the case of Windsor vs. Cruise, 79 Ga. 635, ruled that where *340there had been two or more concurrent verdicts, a reviewing court would construe the evidence more favorably to the verdict than it would upon a first verdict. Taking this rule for our guidance, we think that the judge of the superior court erred in granting this second new trial. The evidence of the plaintiff…
2Cases cited1 opinion
- Windsor v. CruiseSupreme Court of Georgia · 1887
3Cited by3 opinions
- Latimer v. Richmond, &c., R. R.Supreme Court of South Carolina · 1893
- Faulkner v. SneadSupreme Court of Georgia · 1905
- Murray v. McGuireSupreme Court of Georgia · 1912