Central of Georgia Railway Co. v. White
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Annie E. White against the Central of Georgia Railway Company, for damages for injuries received while a passenger. Judgment for plaintiff for $16,000.00, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Annie E. White against the Central of Georgia Railway Company, for damages for injuries received while a passenger. Judgment for plaintiff for $16,000.00, and defendant appeals. Counsel insist that the judgment was excessive and should be set aside, and a new trial ordered. — 93 Pac. 155; 111 S. W. 512; 92 Pac. 691; 80 N. E. 319; 105 S. W. 160; 106 S. W. 212; 103 S. W. 1102; 99 S. W. 172 and 915; 215 Fed. 261; 51 N. E. 881; 60 N. E. 101; 61 N. E. 718; 51 Pac. 1; 81 S. W. 152; 91 S. W. 109; 77 S. W. 127; 79 N. W. 17;…
1Opinion of the CourtSomerville, J.
The plaintiff, a passenger, was injured in a train wreck on the defendant’s road in May, 1907. In January, 1909, she had verdict and judgment for $16,000 as compensatory damages for her injuries, including mental and physical suffering. The defendant moved for a new trial on the ground that the verdict was excessive in amount, and now appeals from the judgment of the court overruling this motion.
On such an appeal the functions and powers of this court are correctly stated as folloAVS:
“As the question of damages is in such cases a matter of discretion for the jury, the trial court wall not set…
2Cases cited13 opinions
- Illinois Central Railroad v. CheekIndiana Supreme Court · 1899
- Morgan v. Southern Pac. Co.California Supreme Court · 1892
- National Surety Co. v. MabrySupreme Court of Alabama · 1903
- Calder v. SmalleySupreme Court of Iowa · 1885
- Montgomery Traction Co. v. KnabeSupreme Court of Alabama · 1908
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3Cited by68 opinions
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- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- McLaney v. TurnerSupreme Court of Alabama · 1958
- Yarbrough v. MallorySupreme Court of Alabama · 1932
- P. Lorillard Co. v. ClaySupreme Court of Virginia · 1920
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