Whidby v. Lewis
Supreme Court of Georgia
Trespass on the case, in Fulton Superior Court. Tried before Judge Bull, at the October Term, 1860. This action was instituted by Susan Whidby against John W. Lewis, Superintendent of the Western and Atlantic Railroad, to recover damages for the killing of a negro man slave by the name of Cicero, belonging to the plaintiff, and which she alleged was run over and destroyed by the cars of the defendant, through the carelessness and negligence of his agents and employees.
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Trespass on the case, in Fulton Superior Court. Tried before Judge Bull, at the October Term, 1860. This action was instituted by Susan Whidby against John W. Lewis, Superintendent of the Western and Atlantic Railroad, to recover damages for the killing of a negro man slave by the name of Cicero, belonging to the plaintiff, and which she alleged was run over and destroyed by the cars of the defendant, through the carelessness and negligence of his agents and employees. The testimony adduced on the trial established the state of .facts following, to-wit: That a demand for settlement had been…
1Opinion of the Court
By the Court.
Jenkins, J.,
delivering the opinion.
In the Court below, the Judge ordered a new trial on the ground that the verdict is not sustained by the evidence, and to this ruling the plaintiff excepts. ’
After a careful review of the evidence, we are not satisfied with the proof that the death of plaintiff’s slave was occasioned by the culpable negligence of the defendant, his agents or employees.
If it were so occasioned, there must be some evidence on that point not adduced on the trial, and as the effect of the judgment under review is not to conclude the rights of the parties, but to…
2Cited by1 opinion
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