Seaboard Air-Line Railway v. Randolph
Supreme Court of Georgia
Action for damages. Before Judge Parker. G-lynn superior ■court. March 9, 1907. Mrs. H. B. Randolph brought suit against the Seaboard Air-Line Railway, to recover damages for the homicide of her husband. On the first trial a nonsuit was granted. Randolph v. Brunswick and Birmingham R. Co., 120 Ga. 969 (48 S. E. 396). The suit was rebrought, and resulted in a verdict in favor of the plaintiff for $9,127.20. A motion for a new trial was made.
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Action for damages. Before Judge Parker. G-lynn superior ■court. March 9, 1907. Mrs. H. B. Randolph brought suit against the Seaboard Air-Line Railway, to recover damages for the homicide of her husband. On the first trial a nonsuit was granted. Randolph v. Brunswick and Birmingham R. Co., 120 Ga. 969 (48 S. E. 396). The suit was rebrought, and resulted in a verdict in favor of the plaintiff for $9,127.20. A motion for a new trial was made. During the argument the presiding judge “expressed his disapproval of the verdict in said case, as being for a greater sum than ought to be approved by…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
The case before us is controlled by former decisions of this court. In Savannah, Florida and Western Ry. v. Harper, 70 Ga. 120, the following ruling was made: “Where general damages have been recovered for a personal tort, if they are so excessive as to lead the court to suspect bias or prejudice, he may grant a new trial; but the judge has no power to say that- the verdict in such case should not exceed a specified sum, and to require the plaintiff to write off a portion of.the damages, and thereupon refuse a new trial. Aliter,. in actions on contracts or…
2Cases cited11 opinions
- Augusta Railway Co. v. GloverSupreme Court of Georgia · 1893
- McIntyre v. McIntyreSupreme Court of Georgia · 1904
- Georgia Railroad v. WilliamsSupreme Court of Georgia · 1885
- Central of Georgia Railway Co. v. PerkersonSupreme Court of Georgia · 1901
- Thompson v. WarrenSupreme Court of Georgia · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Seaboard Air-Line Railway v. RandolphSupreme Court of Georgia · 1911
- Seaboard Air-Line Railway v. BishopSupreme Court of Georgia · 1909
- Georgia Power Co. v. HarwellCourt of Appeals of Georgia · 1966
11 more not listed; retrieve them via the Exa API.