City & Suburban Railway v. Brauss
Supreme Court of Georgia
Actions. Contracts. Torts. Damages. Verdict. New Trial. Before Judge Harden. City Court of Savannah. November Term, 1882. Brauss brought suit against the City and Suburban Railway of Savannah. His declaration contained two counts, the first of which alleged, in brief, as follows : The defendant was a common carrier for hire, of passengers by street cars, in the city of Savannah.
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Actions. Contracts. Torts. Damages. Verdict. New Trial. Before Judge Harden. City Court of Savannah. November Term, 1882. Brauss brought suit against the City and Suburban Railway of Savannah. His declaration contained two counts, the first of which alleged, in brief, as follows : The defendant was a common carrier for hire, of passengers by street cars, in the city of Savannah. Plaintiff entered one of defendant’s cars on Anderson street and became a passenger, and the defendant received the usual and customary fare, and became bound to convey plaintiff from Anderson street along Abercorn…
1Opinion of the Court
Hall, Justice.
The errors alleged to have been committed in the progress of this trial may be conveniently considered under two general heads:
(1st.) Is this an action for a tort, or an action upon a contract? Or is there a joinder of the two in different counts of the declaration, or a commingling of both in any of the separate counts ?
(2d.) If these defects do not exist, did the court, in its charge, lay down the proper rules for measuring the damages, under the testimony; and was the finding of the jury so excessive as to excite suspicion that it was the result of such gross misapprehension…
2Cases cited6 opinions
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- Townsend v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Gasway v. Atlanta & West Point RailroadSupreme Court of Georgia · 1877
- Smith v. OverbySupreme Court of Georgia · 1860
- Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- The Flintkote Company v. Dravo Corporation, Diamond Manufacturing Company, Inc. And B. F. Diamond Construction Company, Inc.Court of Appeals for the Eleventh Circuit · 1982
- Orkin Exterminating Co. v. StevensCourt of Appeals of Georgia · 1973
- Sims v. American Casualty Co.Court of Appeals of Georgia · 1974
- Mauldin v. ShefferCourt of Appeals of Georgia · 1966
- Porter v. JohnsonSupreme Court of Georgia · 1895
46 more not listed; retrieve them via the Exa API.