Smith v. Central Railroad & Banking Co.
Supreme Court of Georgia
Res ad,judicata. Railroads. Negligence. Nonsuit. Practice. Before Judge Richard H. Clark. Clayton superior court. September term, 1888. Reported in the decision.
1Opinion of the Court
Bleckley, Chief Justice.
The former review of this case (Central Railroad vs. Smith, 78 Ga. 694) was based upon the refusal of a new trial which was applied for by the company, Smith having obtained a verdict for $4,800 damages. The motion for a new trial was predicated not alone upon questions of law ruled upon by the court in the progress of the trial, but upon the insufficiency of the evidence to warrant a recovery. Passing upon the whole case, this court held that, “as matter of fapt, to walk along the middle of a railroad track between crossings when it is dark, and without knowing and…
2Cases cited21 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Central Railroad & Banking Co. v. SmithSupreme Court of Georgia · 1887
- Illinois Central Railroad v. HetheringtonIllinois Supreme Court · 1876
- Vickers v. Atlanta & West Point RailroadSupreme Court of Georgia · 1879
- Richmond & Danville Railroad v. HowardSupreme Court of Georgia · 1887
16 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907
- Southland Butane Gas Co. v. BlackwellSupreme Court of Georgia · 1955
- Southern Railway Co. v. BrockSupreme Court of Georgia · 1909
23 more not listed; retrieve them via the Exa API.