Atlanta & West Point Railroad v. Venable
Supreme Court of Georgia
Railroads. Damages. Negligence. Evidence. Parent and Child. Charge of Court. Before Judge STEWART. Fulton Superior Court. April Term, 1881. In 1877 Mrs. Pyron was injured by the running away of a horse which she was driving near a crossing of the Atlanta and West Point Railroad..
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Railroads. Damages. Negligence. Evidence. Parent and Child. Charge of Court. Before Judge STEWART. Fulton Superior Court. April Term, 1881. In 1877 Mrs. Pyron was injured by the running away of a horse which she was driving near a crossing of the Atlanta and West Point Railroad.. She brought suit against the railroad, alleging that her horse was frightened by defendant’s train, that it had no blow-post at the crossing, gave no warning of approach, etc., and in its prosecution interrogatories were made out for her, and executed. Subsequently she died from the injuries sustained, and Venable,…
1Opinion of the Court
Jackson, Chief Justice.
1. The mother had sued for personal injuries to herself by the railroad company, and on that case her interrogatories were taken. Subsequently she died, and her child, by next friend, sued for her homicide and recovered. Objection was made to the introduction of her testimony on the former trial, but it was admitted. The admissibility of the interrogatories turns on the question whether the action was substantially on the same issue and substantially between the same parties.
Substantially, we think that the issue was the same. The injuries for which she had sued caused…
2Cases cited2 opinions
- Gavan v. EllsworthSupreme Court of Georgia · 1872
- Georgia Railroad & Banking Co. v. GarrSupreme Court of Georgia · 1876
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- Prater v. StateCourt of Appeals of Georgia · 1979
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