Millen & Southwestern Railroad v. Allen
Supreme Court of Georgia
Action for damages. Before Judge Bawlings. Emanuel superior court. June 12, 1907. The action ivas for the negligent killing of the plaintiffs husband. Her petition alleged, that her husband was, at the time he was killed, in the employment of the railroad company as engineer. About midway between Graymont and Summit, stations on the defendant’s line, the engine which he ivas operating was derailed, and turned over, and, in falling, caused injuries from which he died.
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Action for damages. Before Judge Bawlings. Emanuel superior court. June 12, 1907. The action ivas for the negligent killing of the plaintiffs husband. Her petition alleged, that her husband was, at the time he was killed, in the employment of the railroad company as engineer. About midway between Graymont and Summit, stations on the defendant’s line, the engine which he ivas operating was derailed, and turned over, and, in falling, caused injuries from which he died. During the morning of the derailment and prior thereto, employees of the railroad company were working on the track at the…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. Several grounds of the motion for a new trial in this case embraced lengthy extracts from the court’s charge, which contained a statement of the respective contentions of the plaintiff and the defendant; and the exceptions taken in the grounds of the motion referred to are that those portions of the charge failed to state the contentions of the defendant with sufficient fullness, and presented too prominently, and with too much stress and detail, the contentions of the plaintiff, and ignored and minimized the contentions of the defendant. But an examination of the…
2Cases cited3 opinions
- Central of Georgia Railway Co. v. McKinneySupreme Court of Georgia · 1903
- Atlanta Consolidated Street Railway Co. v. BagwellSupreme Court of Georgia · 1899
- Macon, Dublin & Savannah Railroad v. JoynerSupreme Court of Georgia · 1907
3Cited by36 opinions
- Loomis v. StateCourt of Appeals of Georgia · 1948
- Loomis v. StateCourt of Appeals of Georgia · 1948
- Smaha v. GeorgeSupreme Court of Georgia · 1943
- Richter v. Atlantic CompanyCourt of Appeals of Georgia · 1941
- Mendel v. PinkardCourt of Appeals of Georgia · 1963
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