Savannah, Florida & Western Railway v. Harper
Supreme Court of Georgia
New Trial. Damages. Practice • in Superior Court. Yerdict, Before Judge Tompkins. Bryan Superior Court. May Term, 1882. To the report contained in the decision it is necessary to add only that Harper and wife brought suit against the Savannah, Florida and Western Railway to recover damages for a personal injury to the latter, alleged to have been caused by the negligent running of a train on said railway.
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New Trial. Damages. Practice • in Superior Court. Yerdict, Before Judge Tompkins. Bryan Superior Court. May Term, 1882. To the report contained in the decision it is necessary to add only that Harper and wife brought suit against the Savannah, Florida and Western Railway to recover damages for a personal injury to the latter, alleged to have been caused by the negligent running of a train on said railway. On the trial, the jury found for the plaintiffs •$6,000.00. A motion was made for new trial and the judge passed the following order: “After argument upon the original and amended motions…
1Opinion of the Court
Hall, Justice.
The verdict was for six thousand dollars. The defendant below and plaintiff in error moved for a new trial upon these grounds:
*121(1.) That said verdict is contrary to law.
(2.) That it is contrary to the evidence.
(3.) That it is strongly and decidedly against the weight ■qf evidence and the principles of justice and equity.
(4.) That it is without evidence to support it.
(5.) "That It is excessivfe. ' ■ '
This motion was amendéd because of-newly discovered evidence. ' -
At the hearing, the judge órdered a hew trial, unless the plaintiffs’would within five days write off from said…
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