Legal Opinion

Central Railroad & Banking Co. v. Sears

Supreme Court of Georgia

Decided August 15, 1877PublishedCited by 15 opinions

Practice in the Supreme Court. Evidence. Presumptions. Master and servant. Eailroads. New trial. Before Judge Hall. Spalding Superior Court. August Adjourned Term, 1876. Mrs Sears brought suit against the Central Eailroad and Banking Company for the homicide of her husdand. On the trial, the evidence for plaintiff was substantially as follows : Deceased was the conductor of a freight train on defendant’s road. On the day of the accident, they arrived safely at Griffin.

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Practice in the Supreme Court. Evidence. Presumptions. Master and servant. Eailroads. New trial. Before Judge Hall. Spalding Superior Court. August Adjourned Term, 1876. Mrs Sears brought suit against the Central Eailroad and Banking Company for the homicide of her husdand. On the trial, the evidence for plaintiff was substantially as follows : Deceased was the conductor of a freight train on defendant’s road. On the day of the accident, they arrived safely at Griffin. Deceased said he was in a hurry and pressed for time. He had to leave some cars and get his train off of the main track…

1Opinion of the Court

Jackson, Judge.

This action was brought by Mrs. Sears against the railroad company for the homicide of her husband. The jury returned a verdict in favor of the plaintiff for $8,750.00; the defendant moved for a new trial on various grounds set out in the record, the court overruled the motion, and the error assigned is in overruling it on all the grounds therein taken.

3. The first point made for our adjudication arises on a motion of the defendant in error to confine the plaintiff in error to certain grounds of the motion, on the ground that others are not verified in accordance with law. The…

2Cases cited4 opinions

  1. Thompson v. Central Railroad & Banking Co.Supreme Court of Georgia · 1875
  2. Campbell v. Atlanta & Richmond Air Line RailroadSupreme Court of Georgia · 1874
  3. Sears v. Central Railroad & Banking Co.Supreme Court of Georgia · 1875
  4. Thompson v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1875

3Cited by15 opinions

  1. Central Railroad v. MitchellSupreme Court of Georgia · 1879
  2. Savannah, Florida & Western Railway v. BarberSupreme Court of Georgia · 1884
  3. Cothran v. ForsythSupreme Court of Georgia · 1882
  4. Florida Central & Peninsular Railroad v. MooneySupreme Court of Florida · 1898
  5. Simms v. FloydSupreme Court of Georgia · 1880

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