Macon & Western Railroad v. Winn
Supreme Court of Georgia
Case, and motion for new trial, in Bibb Superior Court. Tried before Judge Powers, at November Term, 1857. This ivas an action on the case, brought by Malinda Winn, a minor, by her next friend, Cicero A. Tharpe, against .the Macon and Western Railroad Company, to recover damages for injuries received by plaintiff, from the negligent running of their cars. The case was submitted to a special jury on the appeal, who found for the plaintiff seven thousand dollars.
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Case, and motion for new trial, in Bibb Superior Court. Tried before Judge Powers, at November Term, 1857. This ivas an action on the case, brought by Malinda Winn, a minor, by her next friend, Cicero A. Tharpe, against .the Macon and Western Railroad Company, to recover damages for injuries received by plaintiff, from the negligent running of their cars. The case was submitted to a special jury on the appeal, who found for the plaintiff seven thousand dollars. Whereupon, defendant moved for a new trial, which the presiding Judge refused, and defendant excepted. All the facts necessary to a…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
When this case was up before, one of the grounds of complaint was, the excessive damages awarded by the jury ; the verdict then, as now, being for $7,000. As the Court determined to grant a new trial for other reasons, they deemed it best to express no opinion upon this, but refer it back for the consideration of another special jury, under the law as laid down by the Court. There is no complaint that the rules of law governing the case, were not properly given on the last trial, and still, the jury have found the same amount. And the only…
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