Christian v. Columbus & Rome Railway Co.
Supreme Court of Georgia
Amendment. Damages. Evidence. Railroads. Before Judge Martin. Harris superior court. October term, 1891. 1. Eor the former report of this case see 79 Ga. 460. A demurrer had been sustained, and that decision was reversed.
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Amendment. Damages. Evidence. Railroads. Before Judge Martin. Harris superior court. October term, 1891. 1. Eor the former report of this case see 79 Ga. 460. A demurrer had been sustained, and that decision was reversed. "When the case came on for trial, plaintiff proposed to amend her declaration by striking therefrom the words “ mental incapacity and insanity ” (of Dixon, the agent of defendant, by whom it was alleged plaintiff’s husband had been killed), and inserting in lieu thereof the words, “his unfortunate physical and mental temperament,” so that the clause after such amendment…
1Opinion of the Court
*125 Judgment affirmed.
2. The plaintiff obtained a verdict for $12,999.94. Defendant moved for a new trial on various grounds in-eluding those alleging that the verdict was contrary to law and evidence. Among the special grounds was one numbered seven. The court held that if plaintiff’ would write off from the verdict an amount equal to the interest at the rate of seven per cent., from the death of her husband to the trial of the case, then the motion would be granted upon the seventh ground; and that on failure so to write off, the motion would be granted on all the grounds. Whereupon…
2Cited by8 opinions
- Penas v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
- Stanley v. SquadritoCourt of Appeals of Georgia · 1963
- Orr v. Dawson Telephone Co.Court of Appeals of Georgia · 1926
- Columbus & Rome Railway Co. v. ChristianSupreme Court of Georgia · 1895
- Cunningham v. AvakianSupreme Court of Georgia · 1941
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