Savannah, Florida & Western Railway Co. v. Wideman
Supreme Court of Georgia
Action for damages. Before Judge Griggs. Clinch, superior court. April term, 1895. Wideman sued the railway company for damages resulting to Trim by the killing of five mules on November 13, 1894, by the running of a freight-train. He obtained a verdict, and the company’s motion for a new trial was overruled.
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Action for damages. Before Judge Griggs. Clinch, superior court. April term, 1895. Wideman sued the railway company for damages resulting to Trim by the killing of five mules on November 13, 1894, by the running of a freight-train. He obtained a verdict, and the company’s motion for a new trial was overruled. The motion alleges that the court erred: 1. In refusing to admit in evidence a contract between plaintiff and. defendant for the supplying of cross-ties to defendant from April to October, 1893, in which plaintiff released defendant from all responsibility in damages to his stock during…
1Opinion of the CourtLumpkin, J.
1. Where the only objection to the admissibility in evidence of a written contract between the plaintiff and the defendant was, in effect, that under the limitation as to time therein expressed it had expired and was no longer operative as to the matter in controversy between the parties; and the defendant, in whose behalf it was tendered in evidence, offered to prove “that tibe terms of the contract had been extended by parol,” so as to cover and embrace that matter, this objection should not have been sustained without allowing the defendant an opportunity to show that the contract -had in…
2Cases cited4 opinions
- Rosser, Armistead & Co. v. DardenSupreme Court of Georgia · 1888
- Corniff v. CookSupreme Court of Georgia · 1894
- East Tenn., Va. & Ga. Railway Co. v. DanielSupreme Court of Georgia · 1893
- East Tenn., Va. & Ga. Railway Co. v. MillerSupreme Court of Georgia · 1895
3Cited by12 opinions
- Atlanta & West Point Railroad v. UnderwoodSupreme Court of Georgia · 1962
- Sanders Manufacturing Co. v. Dollar Savings BankSupreme Court of Georgia · 1900
- Redfield v. StateSupreme Court of Georgia · 1978
- Indianapolis Street Railway Co. v. JohnsonIndiana Supreme Court · 1904
- Napier Bros. v. BurkettSupreme Court of Georgia · 1901
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