Central Rail Road & Banking Co. v. Hines, Perkins & Co.
Supreme Court of Georgia
Case, in Chatham Superior Court. Tried before Judge Fleming, May Term, 1855. This action was brought by Hines, Perkins & Co. vs. The 'Central Rail Road & Banking Company, as common carriers, for an amount of lumber burned while lying on the road side awaiting transportation. On the trial, Malcolm C. Perkins, one of the plaintiffs, was offered aSa witness; and at the same time, it was admitted that he ceased to be interested in the case, except as to costs.
Read the full summary
Case, in Chatham Superior Court. Tried before Judge Fleming, May Term, 1855. This action was brought by Hines, Perkins & Co. vs. The 'Central Rail Road & Banking Company, as common carriers, for an amount of lumber burned while lying on the road side awaiting transportation. On the trial, Malcolm C. Perkins, one of the plaintiffs, was offered aSa witness; and at the same time, it was admitted that he ceased to be interested in the case, except as to costs. To relieve that disqualification, plaintiffs deposited with the Clerk a sum of money more than sufficient to cover the costs. The Court…
1Opinion of the Court
The Court not being unanimous, delivered their opinions seriatim.
By the Court.
McDonald, J.
delivering the opinion.
It becomes my singular duty to deliver the opinion of the Court, while I dissent, in part, from its judgment. This I shall proceed to do, and I shall then assign the reasons which have induced me to differ from my brethren, on the point of disagreement.
The errors assigned in the record are—
1. That Malcolm C. Perkins being a party to the record, and therefore an interested and incompetent witness, ought not to have been allowed to testify.
2. That the Court instructed the Jury that…
2Cases cited1 opinion
- Bridges v. ArmourSupreme Court of the United States · 1847
3Cited by7 opinions
- Wilson v. Atlanta & Charlotte Railway Co.Supreme Court of Georgia · 1889
- Foster v. Leeper & MenafeeSupreme Court of Georgia · 1859
- Varner v. GoldsbySupreme Court of Georgia · 1857
- Georgia Southern & Florida Railway Co. v. MarchmanSupreme Court of Georgia · 1904
- East Tennessee & Georgia Railroad v. WhittleSupreme Court of Georgia · 1859
2 more not listed; retrieve them via the Exa API.