Florida Central & Peninsular Railroad v. Burney
Supreme Court of Georgia
- Action, for damages. Before Judge Sweat. Glynn superior court. December term, 1894-.' Bumey was employed by tbe railroad company as a flagman and car-coupler upon a construction train, and was injured by tbe negligence, as be claimed, of tbe fireman in running back a part of tbe train suddenly and rapidly -against him while be was preparing to couple it to tbe other part, after a signal to stop- bad been giyen and before a •signal to moye was made; and, as be further…
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- Action, for damages. Before Judge Sweat. Glynn superior court. December term, 1894-.' Bumey was employed by tbe railroad company as a flagman and car-coupler upon a construction train, and was injured by tbe negligence, as be claimed, of tbe fireman in running back a part of tbe train suddenly and rapidly -against him while be was preparing to couple it to tbe other part, after a signal to stop- bad been giyen and before a •signal to moye was made; and, as be further claimed, by tbe megligence of tbe company in allowing tbe engine to be run by the fireman in the engineer’s absence by…
1Opinion of the Court
Lumpkin, Justice.
1. 'The reporter has been directed to prefix to this opinion a statement of the instructions given by the trial judge with reference to the methods of using the mortality and annuity tables. As will be readily perceived upon reading the same, these instructions were incorrect and misleading, and, in our judgment, the error committed in giving them was not cured by allowing the plaintiff to arbitrarily write off a portion of the recovery.
As eases of tort are constantly arising, both where death has been caused, and also where permanent injuries have been inflicted, occasioning…
2Cases cited1 opinion
- Georgia Railroad & Banking Co. v. HicksSupreme Court of Georgia · 1895
3Cited by51 opinions
- Davis v. WhitcombCourt of Appeals of Georgia · 1923
- Southern Cotton Oil Co. v. SkipperSupreme Court of Georgia · 1906
- American Fidelity & Casualty Co. v. FarmerCourt of Appeals of Georgia · 1948
- Dawson Motor Co. v. PettyCourt of Appeals of Georgia · 1936
- Georgia, Florida & Alabama Railway Co. v. SasserCourt of Appeals of Georgia · 1908
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