Georgia Northern Railway Co. v. Battle
Court of Appeals of Georgia
Action for damages; from Colquitt superior court—Judge Thomas. January 25, 1918. The plaintiff sought to recover damages for the killing of certain live stock, alleged to be of the value of $275: This allegation was denied by the defendant. The verdict was for the full amount sued for.
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Action for damages; from Colquitt superior court—Judge Thomas. January 25, 1918. The plaintiff sought to recover damages for the killing of certain live stock, alleged to be of the value of $275: This allegation was denied by the defendant. The verdict was for the full amount sued for. In the defendant’s motion for a new trial, the refusal of which is assigned as error, it is alleged that the court erred in charging the jury as follows: “If you find, from the evidence in this case, that the property of the plaintiff, as alleged in the declaration, was killed, and that it was killed as the…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.) We think the objection to the excerpt from the charge of the court is well taken. It was for the jury to say, from the evidence adduced, what the value of the property was, and the charge of the court in fixing the value thereof as tliat alleged in the petition was an invasion of the province of the jury, and was therefore error. The charge complained of was in effect a direction to the jury by the court that if they should find in favor of the plaintiff, they should find -in his favor the sum of $275, the amount alleged in the petition as the value of the…
2Cases cited4 opinions
- Lott v. BanksCourt of Appeals of Georgia · 1917
- Johnson v. StevensCourt of Appeals of Georgia · 1917
- Westberry v. HandCourt of Appeals of Georgia · 1917
- Seaboard Air-Line Railway v. PeeplesCourt of Appeals of Georgia · 1913
3Cited by26 opinions
- Maloy v. DixonCourt of Appeals of Georgia · 1972
- Louisville & Nashville Railroad v. LovelaceCourt of Appeals of Georgia · 1921
- McLendon v. City of LaGrangeCourt of Appeals of Georgia · 1933
- Garner v. Gwinnett CountyCourt of Appeals of Georgia · 1962
- Southern v. Cobb CountyCourt of Appeals of Georgia · 1948
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