East Tenn., Va. & Ga. Railway Co. v. Herrman & Bro.
Supreme Court of Georgia
Action for damages. Before Judge Roberts. Dodge superior court. March term, 1892. The ease of S. Herrman & Bro. against the railway-company, for injury to plaintiffs’ horse by negligence of the company resulted in a “ verdict in favor of the plaintiff for $75.” Defendant’s motion for a new trial was overruled.
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Action for damages. Before Judge Roberts. Dodge superior court. March term, 1892. The ease of S. Herrman & Bro. against the railway-company, for injury to plaintiffs’ horse by negligence of the company resulted in a “ verdict in favor of the plaintiff for $75.” Defendant’s motion for a new trial was overruled. The only evidence was in the testimony of S. Herrman, as follows: On October 21, 1891, I had made arrangements to send my horse to Macon and enter him for a premium at the State fair; had arranged with Loyall, agent of the defendant at Eastman, to ship the horse by freight, and got a…
1Opinion of the Court
*385 Judgment reversed.
The motion for a new trial alleges, that the verdict is contrary to law and evidence, and that “ the alleged damages are too speculative, contingent, conjectural and remote to be recoverable.” Another alleged error is, that the court refused “ a verbal request ” to charge the jury that if the alleged injury was caused by a defect which was such as to deceive human judgment, the defendant would be excused and would not be liable for the injury sustained. Defendant’s counsel requested the court to charge the jury, that if plaintiff’s estimate of the value of the horse and of…
2Cited by3 opinions
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- Louisville & Nashville Railroad v. ThompsonCourt of Appeals of Kentucky · 1911