Southern Railway Co. v. Hill
Supreme Court of Georgia
Action for damages. Before Judge Fite. Whitfield superior court. July 15, 1905. William Hill brought an action for damages against the Southern Railway Company. The substance of the petition was: Plaintiff was driving three mules, hitched abreast to a grain binder, on his way to the field of one Nichols. One of the mules and the grain binder were his property. In order to reach the field, it was necessary to drive along a private road over defendant’s right of way.
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Action for damages. Before Judge Fite. Whitfield superior court. July 15, 1905. William Hill brought an action for damages against the Southern Railway Company. The substance of the petition was: Plaintiff was driving three mules, hitched abreast to a grain binder, on his way to the field of one Nichols. One of the mules and the grain binder were his property. In order to reach the field, it was necessary to drive along a private road over defendant’s right of way. This private way was much used by the public, crossed defendant’s tracks on a crossing provided and kept up by it, and was a…
1Opinion of the CourtFisi-i, C. J.
(After stating the foregoing facts.)
1. The court instructed the jury that if, under the' law and the facts, they were of opinion that plaintiff should recover, “then you will- ascertain as best you can from the evidence whether or not the injury is likely, or probably will last for some time to come, and if so, how long, and what will be, if anything, [plaintiff’s] reduced capacity to labor for the time the injury will last.” Error was assigned on this and several other instructions of similar import, upon the ground that they authorized the jury to find damages for permanent injuries, when…
2Cases cited2 opinions
- Southern Railway Co. v. O'BryanSupreme Court of Georgia · 1903
- Central of Georgia Railway Co. v. GradySupreme Court of Georgia · 1901
3Cited by8 opinions
- Minnick v. JacksonCourt of Appeals of Georgia · 1941
- City of Manchester v. BeaversCourt of Appeals of Georgia · 1928
- Life & Casualty Insurance v. RolandCourt of Appeals of Georgia · 1932
- Cobb v. Big Apple Supermarket of Columbus, Inc.Court of Appeals of Georgia · 1962
- Lail v. WrightCourt of Appeals of Georgia · 1963
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