Legal Opinion

Hines v. Evitt

Court of Appeals of Georgia

Decided August 13, 1920No. 11151PublishedCited by 11 opinions

Action for damages; from Whitfield superior court-—-Judge Tarver. November 29, 1919. The suit was originally against the Southern Railway Company, and by amendment Walker D. Hines, director-general of railroads, was substituted as defendant.

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Action for damages; from Whitfield superior court-—-Judge Tarver. November 29, 1919. The suit was originally against the Southern Railway Company, and by amendment Walker D. Hines, director-general of railroads, was substituted as defendant. The verdict was against the defendant, and the exceptions are to the overruling of his motion for a new trial. 1. The petition alleges: that the defendant has injured and damaged the plaintiff in the sum of $3,000 by reason of the wrongs and injuries hereinafter set out; that on September 30, 1918, the plaintiff bought at Cleveland, Tennessee, a ticket to…

1Opinion of the CourtJenkins, P. J.

1. This was not a suit to recover damages based solely upon the theory of a wilful and wanton act perpetrated by the servants of the defendant, and only upon the proof of which a recovery would be justified; consequently the rulings made in Savannah Electric Co. v. McElvey, 126 Ga. 491 (55 S. E. 192), and Southern Railway Co. v. Wiley, 9 Ga. App. 249 (71 S. E. 11), are not controlling in the defendant’s favor.

2. The second and third special grounds of the motion for a new trial are without merit, since the excerpts from the charge there complained of are not erroneous within themselves, and…

2Cases cited5 opinions

  1. Lay v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of Georgia · 1908
  2. Macon & Western Railroad v. DavisSupreme Court of Georgia · 1853
  3. Southern Railway Co. v. WileyCourt of Appeals of Georgia · 1911
  4. Atlanta & West Point Railroad v. MillerCourt of Appeals of Georgia · 1919
  5. Savannah Electric Co. v. McElveySupreme Court of Georgia · 1906

3Cited by11 opinions

  1. Southland Butane Gas Co. v. BlackwellSupreme Court of Georgia · 1955
  2. Slaton v. HallSupreme Court of Georgia · 1929
  3. Garrett v. NationsBank, NA (South)Court of Appeals of Georgia · 1997
  4. Minter v. KentCourt of Appeals of Georgia · 1940
  5. Green v. JohnsonCourt of Appeals of Georgia · 1944

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