Georgia R. R. & Banking Co. v. Keating
Supreme Court of Georgia
Action for damages. Before Judge Reese. Taliaferro superior court. August term, 1895. Edward Keating sued the railroad company for damages resulting to Mm by a fall from its train on wHch he was a passenger, whereby M's left foot was thrown under the wheels of a car and cut off. He obtained a verdict for $9,000, and defendant’s motion for a new trial was overruled.
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Action for damages. Before Judge Reese. Taliaferro superior court. August term, 1895. Edward Keating sued the railroad company for damages resulting to Mm by a fall from its train on wHch he was a passenger, whereby M's left foot was thrown under the wheels of a car and cut off. He obtained a verdict for $9,000, and defendant’s motion for a new trial was overruled. The motion alleges, that the verdict is contrary to law and evidence, that the amount is excessive, and that the court erred in refusing to grant a nonsuit, and further erred in charging as shown in the first head-note. The…
1Opinion of the CourtLumpkin, J.
1. The action being for personal injuries actually received by the plaintiff, it is not cause for a new trial that ■the court gave in charge to the jury so much of section 3067 of the code as is embraced in the following words — “In some torts the entire injury is to the peace, happiness or feelings of the plaintiff; in such cases no measure of damages can be prescribed, except the enlightened conscience of impartial jurors” —it appearing that in other portions of the charge the judge properly instructed the jury in what particulars they Should find only the, actual damages sustained, and…
2Cited by5 opinions
- Realty Bond & Mortgage Co. v. HarleyCourt of Appeals of Georgia · 1917
- Barbre v. ScottCourt of Appeals of Georgia · 1947
- Napier v. DuBoseCourt of Appeals of Georgia · 1932
- Southern Grocery Stores Inc. v. SmithCourt of Appeals of Georgia · 1939
- Southern Railway Co. v. BroughtonSupreme Court of Georgia · 1907