Legal Opinion

Central Railroad & Banking Co. v. Ogletree

Supreme Court of Georgia

Decided July 29, 1895PublishedCited by 3 opinions

Action for damages. Before Judge Hardeman. Bibb superior court. November term, 1894. The suit was for personal injuries sustained by plaintiff by the derailing of a car in which she was a passenger, when the train was running at a high rate of speed over a defective portion of defendant’s track, of which defendant had previously been put on notice and had neglected to repair the track. She obtained a verdict, and defendant’s motion for a new trial was overruled.

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Action for damages. Before Judge Hardeman. Bibb superior court. November term, 1894. The suit was for personal injuries sustained by plaintiff by the derailing of a car in which she was a passenger, when the train was running at a high rate of speed over a defective portion of defendant’s track, of which defendant had previously been put on notice and had neglected to repair the track. She obtained a verdict, and defendant’s motion for a new trial was overruled. The only ground of the motion that need be here stated is, that the court erred in refusing to excuse a juror who had been chosen as…

1Opinion of the CourtSimmons, C. J.

Under the facts appearing in the record, there was no error in refusing to “excuse” the juror alleged to be disqualified; there was no substantial error, if any at all, in admitting or ruling out evidence; the requests to charge were, in view of the evidence and of the entire charge given, sufficiently covered, and the verdict was warranted by the evidence. None of the grounds of the motion for a new trial are of sufficient novelty or importance to render it necessary to formulate distinctly the legal principles involved. There was no abuse of discretion in denying a new trial.

Judgment…

2Cited by3 opinions

  1. White Sewing Machine Co. v. HorkanCourt of Appeals of Georgia · 1915
  2. Seventh Day Adventist Ass'n v. UnderwoodSupreme Court of Colorado · 1936
  3. Terry v. StateCourt of Appeals of Georgia · 1934

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