Chattanooga, Rome & Columbus R. R. v. Palmer
Supreme Court of Georgia
Actions. Torts. Trials. Charge of court. Negligence. Verdict. Before Judge Meyerhardt. City court of Ployd county. December term, 1890. The declaration alleged that defendant was indebted to Palmer $129, besides mterest, for that the defendant, its agents and employees, “ by the reckless negligence in running its trains in said county and through the lands of petitioner in the mouth of October, 1889, did by its said agents and employees, and through the instrumentality of…
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Actions. Torts. Trials. Charge of court. Negligence. Verdict. Before Judge Meyerhardt. City court of Ployd county. December term, 1890. The declaration alleged that defendant was indebted to Palmer $129, besides mterest, for that the defendant, its agents and employees, “ by the reckless negligence in running its trains in said county and through the lands of petitioner in the mouth of October, 1889, did by its said agents and employees, and through the instrumentality of its said trains, kill and destroy five head of cattle, the property of petitioner, of the said value of $129 as per…
1Opinion of the Court
*162 Judgment affirmed.
The jury found for plaintiff, and defendant’s motion for a new trial was overruled. To this also it excepted. The motion contained the following grounds besides those alleging that the verdict was contrary to law, evidence, etc. The court said to defendant’s counsel in the hearing of the jury, “I do not see what use there is in proving that the building of the fence has increased the dangers of the locality,”—defendant’s attorney having just asked the plaintiff whether the building of his fence at that particular point had not increased the danger to cattle in that pasture.…
2Cited by6 opinions
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- Hetrick v. StateCourt of Appeals of Georgia · 1921
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