Chattanooga, Rome & Southern Railroad v. Swafford
Supreme Court of Georgia
Action for damages. Before Judge Henry. Chattooga superior court. December 17, 1900. This action was on account of personal injuries from the derailment of a train of the defendant, on which the plaintiff was a passenger, caused by a collision of th'e rear end of the train with a cow while moving backward.
Read the full summary
Action for damages. Before Judge Henry. Chattooga superior court. December 17, 1900. This action was on account of personal injuries from the derailment of a train of the defendant, on which the plaintiff was a passenger, caused by a collision of th'e rear end of the train with a cow while moving backward. He alleged that the defendant was negligent because the train was running at a reckless rate of speed, and without any one at the rear to guide it, apply brakes, or give the proper signals in the event of danger, when great care should have been exercised in approaching the place where the…
1Opinion of the CourtLittle, J.
Inasmuch as the charge excepted to in the 8th ground of the motion for a new trial was in violation of section 4834 of the Civil Code, which forbids a judge to express or intimate “ his opinion as to what has or has not been proved,” and declares that “ such violation shall be held by the Supreme Court to be error, and the decision in such case reversed, and a new trial granted in the court below,” a new trial is ordered. See West End Street Ry. Co. v. Mozely, 79 Ga. 463 ; Covington v. W. & A. R. Co., 81 Ga. 273; Georgia R. Co. v. Clary, 103 Ga. 639.
Judgment reversed.
All the Justices…
2Cases cited3 opinions
- West End & Atlanta Street Railway Co. v. MozelySupreme Court of Georgia · 1887
- Covington v. Western & Atlantic RailroadSupreme Court of Georgia · 1888
- Georgia Railroad & Banking Co. v. ClarySupreme Court of Georgia · 1898
3Cited by4 opinions
- James v. Central of Georgia Railway Co.Supreme Court of Georgia · 1912
- Alabama Great Southern Railroad v. McBryarCourt of Appeals of Georgia · 1942
- Augusta-Aiken Railway & Electric Corp. v. AndrewsCourt of Appeals of Georgia · 1917
- Hodge v. StateSupreme Court of Georgia · 1903