Savannah, Florida & Western Railway Co. v. Harrigan
Supreme Court of Georgia
Witness. Evidence. New trial. Practice. Before Judge Adams. Chatham superior court. June term, 1887. Harrigan sued the railroad company for damages for the loss of three fingers cut off by a circular saw. He was a carpenter, employed with others by the company about its shops, repairing and building cars, etc. He claimed that the saw was defective and unsafe, and that he did not know this until after he was injured, and could not have discovered it.
Read the full summary
Witness. Evidence. New trial. Practice. Before Judge Adams. Chatham superior court. June term, 1887. Harrigan sued the railroad company for damages for the loss of three fingers cut off by a circular saw. He was a carpenter, employed with others by the company about its shops, repairing and building cars, etc. He claimed that the saw was defective and unsafe, and that he did not know this until after he was injured, and could not have discovered it. The defendant claimed that his duty did not require him to do the work in the performance of which he was hurt, but that in doing it he left his…
1Opinion of the Court
Bleckley, Chief Justice.
1. In a case so close as this upon the merits of the controversy, illegal testimony, though in itself trivial, might sway the jury and control the verdict. It was palpable error, we think, to suffer the plaintiff to testify, over objection, that his character for truth and veracity had never been attacked, and that he boarded with Kennedy, the tailor, who could testify to his good character. There is no rule in or out of the books, so far as we know or have ever heard, by which this evidence could be classified as admissible.
2. The error, though so obvious, is so…
2Cited by3 opinions
- Clough v. Greyhound CorporationCourt of Appeals of Georgia · 1954
- Harrigan v. Savannah, Florida & Western Railway Co.Supreme Court of Georgia · 1890
- Clough v. Greyhound CorporationCourt of Appeals of Georgia · 1954