Atlanta & West Point Railroad v. Hemmings

Grice, Justice.

The argument of plaintiff in error as to why this court should entertain jurisdiction of the writ of error is this : Certain full-bench decisions of this court, which are pointed out, laying down the principle of law that ordinarily it is a .question for the jury to determine whether or not it is negligence on the part of the engineer under the circumstances stated, are violative of certain provisions of the constitution of the United States; that under the act approved December 9, 1858 (Acts 1858, p. 74), it was enacted that decisions of this court in which all of the three…