City of Cedartown v. Brooks
Court of Appeals of Georgia
Action for damages, from city court of Polk county — Judge Irwin. May 19, 1906.
1Opinion of the CourtRussell, J.
It is my peculiar fortune, in the division of our labor, to deliver the opinion of the court in this case, while I dissent from its judgment. My colleagues and myself are agreed as to all of the nineteen grounds of the motion for new trial except one. The majority think the lower court erred, in one respect, and that a new trial should result. With all deference to my associates, it is my opinion that the trial judge did not err in repelling the testimony as to the refusal of the plaintiff to submit to a physical examination at the request of the defendant. Furthermore, I think, even if the…
2Cases cited19 opinions
- Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
- Atlanta, Knoxville & Northern Railway Co. v. GardnerSupreme Court of Georgia · 1905
- Northern Pacific Railroad v. UrlinSupreme Court of the United States · 1895
- Schroeder v. C. R. I. & P. R.Supreme Court of Iowa · 1877
- Richmond & Danville Railroad v. ChildressSupreme Court of Georgia · 1889
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3Cited by4 opinions
- City of Barnesville v. SappingtonCourt of Appeals of Georgia · 1938
- Gulf Life Insurance Co. v. HowardCourt of Appeals of Georgia · 1964
- Temples v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1917
- Cronin v. StateCourt of Appeals of Georgia · 1928