Dalton Fruit & Produce Co. v. Puryear
Court of Appeals of Georgia
■ Action for damages; from Whitfield superior court—Judge Tarver. November 17, 1918. Carl Puryear sued the Dalton Fruit & Produce Company for damages in the sum of $200 on account of the death of a mule that he had rented to the defendant. He alleged that the defendant failed to exercise due diligence in the care of the mule, and caused its death by overfeeding.
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■ Action for damages; from Whitfield superior court—Judge Tarver. November 17, 1918. Carl Puryear sued the Dalton Fruit & Produce Company for damages in the sum of $200 on account of the death of a mule that he had rented to the defendant. He alleged that the defendant failed to exercise due diligence in the care of the mule, and caused its death by overfeeding. He introduced evidence to the effect that the mule.was in good condition when turned over to the defendant, and that it died because of having been overfed by the defendant’s agent. The defendant by its evidence sought to show that…
1Opinion of the CourtHarwell, J.
1. The statement by the court to the jury, complained of in the motion for a new trial, was not erroneous for the reason assigned, namely, that it was an undue intimation that the minority should accept the viewpoint of the majority and make a verdict. Compare White v. Fulton, 68 Ga. 511 (3); Central R. &c. Co. v. Neighbors, 83 Ga. 444 (2), 447 (10 S. E. 115),; Parker v. Ga. Pac. Ry. Co., 83 Ga. 539 (8, 9), 548 (10 S. E. 233); Golatt v. State, 130 Ga. 18 (3), 21 (60 S. E. 107).
2. There was evidence sufficient to support the finding of the jury that the mule’s death was caused by negligence of…
2Cases cited4 opinions
- Parker v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1889
- Golatt v. StateSupreme Court of Georgia · 1908
- White v. FultonSupreme Court of Georgia · 1882
- Central Railroad & Banking Co. v. NeighborsSupreme Court of Georgia · 1889
3Cited by6 opinions
- Hyde v. StateSupreme Court of Georgia · 1943
- Crawford v. Western & Atlantic RailroadCourt of Appeals of Georgia · 1935
- Brown v. StateCourt of Appeals of Georgia · 1926
- Davis v. StateCourt of Appeals of Georgia · 1918
- Varnum v. StateCourt of Appeals of Georgia · 1920
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