Central Railroad & Banking Co. v. Sims
Supreme Court of Georgia
Charge of court. Railroads-. Damages. Negligence. Master and servant. Before- Judge Harris. City court of Macon-. December term, 1887. James Sims sued- the railroad company for personal injuries sustained by him on December 1,1885^ by the negligent running of its' train on which plaintiff was employed to work. The defendant pleaded the general issue.
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Charge of court. Railroads-. Damages. Negligence. Master and servant. Before- Judge Harris. City court of Macon-. December term, 1887. James Sims sued- the railroad company for personal injuries sustained by him on December 1,1885^ by the negligent running of its' train on which plaintiff was employed to work. The defendant pleaded the general issue. On the trial, the following evidence was introduced by plaintiff: He swore that,.at the time of the-injury, he was working for the railroad company on a gravel-train, and was hurt in Sumter county near Smithville. He was employed as a…
1Opinion of the Court
Bleckley, Chief Justice.
1. It was certainly error to give in charge to the jury the rule taken from. Gainesville, Jefferson d& Southern Railroad vs. Wall, 75 Ga. 282, to the effect that when a cow is. killed, both the fireman and the engineer must testify, in order to exculpate the railroad company. That principle had no application to the present case, and the judge seems to have found difficulty in discerning the application for himself, and referred the question to the jury, in all of which we think he was incorrect.
2. The ground of the motion for a new trial that the verdict was contrary…
2Cases cited1 opinion
- Gainesville, Jefferson & Southern Railroad v. WallSupreme Court of Georgia · 1885
3Cited by2 opinions
- Hudson v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1890
- Gay v. HurstCourt of Appeals of Georgia · 1930