Legal Opinion

Georgia Railway & Electric Co. v. Wallace & Co.

Supreme Court of Georgia

Decided March 27, 1905PublishedCited by 37 opinions

Action for damages. Before Judge Reid. City court of Atlanta. November 28, 1903. Wallace & Company sued the Georgia Railway and Electric Company for damages to a landau, a pair of horses, and harness.

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Action for damages. Before Judge Reid. City court of Atlanta. November 28, 1903. Wallace & Company sued the Georgia Railway and Electric Company for damages to a landau, a pair of horses, and harness. For the plaintiffs it appeared, that' the company ran two cars very rapidly along the road from East Point to Atlanta, one immediately following the other; that the first car had a headlight, and its gong was rung; that on the second car there was no headlight, and no gong was rung, and that after the first car passed, the driver of the landau turned to the right in order to let a wagon pass,…

1Opinion of the CourtLamar, J.

(After stating the foregoing facts.) It costs time, trouble, and money to defend even an unfounded claim. Parties have a right to purchase their peace. The fact that they have entered into negotiations to secure that end, and admissions or propositions made with the view to a compromise, are not admissible in evidence for or against either litigant, in the event there is a failure to adjust and a suit follows. For a much stronger reason, evidence of a settlement with a third person injured in the same casualty ought to be excluded. The court therefore *551properly held that, in a suit for the…

2Cases cited2 opinions

  1. Baker v. Richmond City Mill WorksSupreme Court of Georgia · 1898
  2. Telfair County v. WebbSupreme Court of Georgia · 1904

3Cited by37 opinions

  1. Penn Dixie Lines, Inc. v. GrannickSupreme Court of North Carolina · 1953
  2. Hawthorne v. Eckerson Co.Court of Appeals for the Second Circuit · 1935
  3. Weatherbee v. HutchesonCourt of Appeals of Georgia · 1966
  4. Esser v. BropheySupreme Court of Minnesota · 1942
  5. Hill v. HilesAppellate Court of Illinois · 1941

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