Western & Atlantic Railroad v. Young
Supreme Court of Georgia
Damages. Interest. Diligence. Negligence. Municipal corporations. Evidence. ' Railroads. Before Judge Van Epps. City court of Atlanta. June term, 1888. Willie Young, by his mother as next friend, sued the railroad company for damages for personal injuries, claiming in his declaration that the facts set out therein constituted aggravating circumstances; and so ■his suit was for punitive as well as actual damages.
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Damages. Interest. Diligence. Negligence. Municipal corporations. Evidence. ' Railroads. Before Judge Van Epps. City court of Atlanta. June term, 1888. Willie Young, by his mother as next friend, sued the railroad company for damages for personal injuries, claiming in his declaration that the facts set out therein constituted aggravating circumstances; and so ■his suit was for punitive as well as actual damages. The defendant pleaded the general issue; and also that plaintiff’s injuries were caused by his own negligence, in recklessly attempting to cross the track while cars were moving…
1Opinion of the Court
Bleckley, Chief Justice.
The plaintiff below, a boy nine years of age, obtained a verdict for $10,000, for personal injuries received on a public street crossing in the city of Atlanta, by reason of being thrown down and run over by the cars of the railway company, his chief injury being the loss of his right arm, which had to be amputated above the elbow. The company moved for a new trial, upon forty grounds, all of which -were overruled.
1. The last ground of the motion complains of the charge of the court to the effect that the jury might, in their discretion, award -upon discretionary…
2Cases cited18 opinions
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Central Railroad & Banking Co. v. SmithSupreme Court of Georgia · 1887
- Plumley v. BirgeMassachusetts Supreme Judicial Court · 1878
- Western & Atlantic Railroad v. MeigsSupreme Court of Georgia · 1885
- Vickers v. Atlanta & West Point RailroadSupreme Court of Georgia · 1879
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3Cited by101 opinions
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- Metropolitan Street Railroad v. JohnsonSupreme Court of Georgia · 1892
- Leathers v. Blackwell Durham Tobacco Co.Supreme Court of North Carolina · 1907
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