Georgia Railroad & Banking Co. v. Smith
Supreme Court of Georgia
Damages. Railroads. Negligence. Evidence. Witness. Admissions. Before Judge Jenkins. Jones superior court. October adjourned term, 1889. On December 19, 1886, about half past seven o’clock at night, the plaintiff’s mare was killed by defendant’s east-going passenger-train, having four coaches. Suit for damages was brought on March 12,1888, and a verdict was rendered for the plaintiff', and was set aside on motion for a new trial.
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Damages. Railroads. Negligence. Evidence. Witness. Admissions. Before Judge Jenkins. Jones superior court. October adjourned term, 1889. On December 19, 1886, about half past seven o’clock at night, the plaintiff’s mare was killed by defendant’s east-going passenger-train, having four coaches. Suit for damages was brought on March 12,1888, and a verdict was rendered for the plaintiff', and was set aside on motion for a new trial. On the second trial, it appeared that on the next morning after the killing, the plaintiff met the defendant’s section-boss, Newsom, and they had some conversation…
1Opinion of the Court
Bleckley, Chief Justice.
1. The action was for killing a mare by the running of a locomotive and train. The only witnesses examined who knew the facts bearing upon diligence were the engineer and fireman. Taking the testimony of these witnesses as true, the exercise of all ordinary and reasonable care would be manifest. The evidence of the engineer was taken by interrogatories. He had testified orally in a previous trial of the case, and a brief of his evidence as then delivered was included in an approved brief of the whole evidence given in at that trial. Extracts from that brief were read…
2Cases cited5 opinions
- Williams v. ChapmanSupreme Court of Georgia · 1849
- Taylor v. MorganSupreme Court of Georgia · 1878
- Cox v. PraterSupreme Court of Georgia · 1881
- Reid v. StateSupreme Court of Georgia · 1888
- Thomasson v. DriskellSupreme Court of Georgia · 1853
3Cited by3 opinions
- Taylor v. StateSupreme Court of Georgia · 1900
- Estill v. Citizens & Southern BankSupreme Court of Georgia · 1922
- McCalman v. StateSupreme Court of Georgia · 1904