Metropolitan Street Railroad v. Powell
Supreme Court of Georgia
Jurisdiction. Practice. Demurrer. Conduct of trial. Onus. Negligence. Damages. Street railroads. Before Judge Yan Epps. City court of Atlanta. September term, 1891. Mrs. Powell sued for damages, and obtained a verdict.
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Jurisdiction. Practice. Demurrer. Conduct of trial. Onus. Negligence. Damages. Street railroads. Before Judge Yan Epps. City court of Atlanta. September term, 1891. Mrs. Powell sued for damages, and obtained a verdict. The defendant moved to reinstate the case (which, was tried on October 10, 1891, during the September term), alleging that the apparent verdict and judgment were void, because the June term, 1891, of the city court of Atlanta, was duly and finally adjourned on July 18, and the September criminal term was abolished by the act of August 7, creating the criminal court of Atlanta ;…
1Opinion of the Court
*602 Judgment affirmed.
The plaintiff’s declaration was filed on June 19,1890. She alleged: On June 14th “inst.,” she, in company with several others, was riding in a wagon, driving a horse usually safe and accustomed to be driven without fright by and near dummy street engines. As they were passing along Georgia avenue in the city of Atlanta, where there is much travel, one of defendant’s dummy engines, drawing passenger-cars, was seen approaching about one hundred yards distant, meeting the wagon and occupants. The horse took fright at the dummy, contrary to custom, and without running pulled…
2Cited by19 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Keller v. StateSupreme Court of Georgia · 1897
- Southern Railway Co. v. WrightCourt of Appeals of Georgia · 1909
- Bradley v. Ohio River & Charleston Railway Co.Supreme Court of North Carolina · 1900
- National Bank v. EvansSupreme Court of Georgia · 1919
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