Legal Opinion

Port Royal & Western Carolina Railway Co. v. Davis

Supreme Court of Georgia

Decided March 2, 1898PublishedCited by 6 opinions

Action for damages. Before Judge Eve. City court of Richmond county. July term, 1897.

1Opinion of the CourtLewis, J.

In a suit by an employee against a railroad company for an injury alleged to have resulted from the negligence of a coemployee, it was error for the court to give in charge to the jury section 2321 of the Civil Code ; and the error was not cured by the judge subsequently stating in his charge the correct rule on the subject, without calling attention of the jury to his mistake in quoting said section to them as the law of the case. Georgia Railroad Co. v. Hicks, 95 Ga. 301-305.

Judgment reversed.

All the Justices concurring.

2Cases cited1 opinion

  1. Georgia Railroad & Banking Co. v. HicksSupreme Court of Georgia · 1895

3Cited by6 opinions

  1. Florida, Central & Peninsular Railroad v. LucasSupreme Court of Georgia · 1900
  2. McDonnell v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
  3. Augusta Southern Railroad v. McDadeSupreme Court of Georgia · 1898
  4. Central of Georgia Railway Co. v. JohnstonSupreme Court of Georgia · 1898
  5. Georgia Railway & Power Co. v. BrittCourt of Appeals of Georgia · 1923

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