Dabbs v. Rome Railway & Light Co.
Court of Appeals of Georgia
Action for damages; from city court of Floyd county — Judge Hamilton. March 17, 1910. W. B. Dabbs brought suit against the Borne. Bailway & Light Company to recover damages for the homicide of his daughter. The petition, in substance, made the following allegations: The plaintiff’s deceased daughter was unmarried, was 22 years of age, and was motherless at the. time of her death. He was dependent on her and she contributed to his support.
Read the full summary
Action for damages; from city court of Floyd county — Judge Hamilton. March 17, 1910. W. B. Dabbs brought suit against the Borne. Bailway & Light Company to recover damages for the homicide of his daughter. The petition, in substance, made the following allegations: The plaintiff’s deceased daughter was unmarried, was 22 years of age, and was motherless at the. time of her death. He was dependent on her and she contributed to his support. On August 14, 1908, in the evening, she was riding in a carriage drawn by two mules driven by a neighbor, who, with his wife and two children, occupied the…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
The above is substantially the evidence for both sides. Assuming that the evidence for the plaintiff is the truth of the transaction, does it present a case for the determination of the jury, and ■not for the decision-of the court as matter of law? We think there can be but one answer to this question. The evidence should have been submitted to the jury. To support this conclusion, it is not necessary to quote all the evidence or to give in detail each allegation of negligence, or the proof pertinent thereto. The ease made by the plaintiff shows a traveler…
2Cases cited13 opinions
- Macon & Western Railroad v. JohnsonSupreme Court of Georgia · 1868
- South-Western Railroad v. PaulkSupreme Court of Georgia · 1858
- Perry v. Macon Consolidated Street RailroadSupreme Court of Georgia · 1897
- Metropolitan Street Railroad v. PowellSupreme Court of Georgia · 1892
- Brunswick & Birmingham Railroad v. HoodenpyleSupreme Court of Georgia · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ware v. AlstonCourt of Appeals of Georgia · 1965
- Brown v. Savannah Electric & Power Co.Court of Appeals of Georgia · 1932
- Hieber v. WattCourt of Appeals of Georgia · 1969
- Bryant v. Georgia Railway & Power Co.Supreme Court of Georgia · 1926
- Martin v. McAfee & Co.Court of Appeals of Georgia · 1924
8 more not listed; retrieve them via the Exa API.