Atkinson v. Dismuke & Brother
Court of Appeals of Georgia
Action for damages; from city court of Ocilla — Judge Oxford. May 22, 1911. F. S. Disunite & Brother brought suit in the city court of Ocilla against the Fitzgerald, Ocilla & Broxton Eailroad Company, and Atkinson and Parrott as receivers of the Atlanta, Birmingham & Atlantic Eailroad Company, alleging that the Fitzgerald, Ocilla & Broxton Eailroad Company, by negligence in the operation of a locomotive engine, set fire to and destroyed a stock of goods belonging to the…
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Action for damages; from city court of Ocilla — Judge Oxford. May 22, 1911. F. S. Disunite & Brother brought suit in the city court of Ocilla against the Fitzgerald, Ocilla & Broxton Eailroad Company, and Atkinson and Parrott as receivers of the Atlanta, Birmingham & Atlantic Eailroad Company, alleging that the Fitzgerald, Ocilla & Broxton Eailroad Company, by negligence in the operation of a locomotive engine, set fire to and destroyed a stock of goods belonging to the plaintiffs, and that the receivers of the Atlanta, Birmingham & Atlantic Railroad Company had leased to the codefendant the…
1Opinion of the CourtRussell, J.
(After stating the.foregoing facts.) 1. We will decide the points raised in these two separate writs of error together, pointing out, as we go along, those exceptions which are made in the one and not in the other. We shall deal first with the evidence, for the reason that in both motions for a new trial it is insisted that the evidence was not sufficient to authorize the plaintiffs to recover, and that • even if the plaintiffs were entitled to recover some amount, the amount could not be definitely ascertained from the evidence, and that 'even if it be granted that a definite amount could be…
2Cases cited12 opinions
- Gainesville, Jefferson & Southern Railroad v. EdmondsonSupreme Court of Georgia · 1897
- Singleton v. Southwestern RailroadSupreme Court of Georgia · 1883
- Macon & Augusta Railroad v. Moses & MayesSupreme Court of Georgia · 1873
- Chattanooga, Rome & Columbus Railroad Co. v. LiddellSupreme Court of Georgia · 1890
- Georgia Railroad & Banking Co. v. HaasSupreme Court of Georgia · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Central of Georgia Railway Co. v. LeonardCourt of Appeals of Georgia · 1934
- Henderson v. EllarbeeCourt of Appeals of Georgia · 1926
- Home Insurance Co. v. Palmour Hardware Co.Court of Appeals of Georgia · 1940
- Central of Georgia Railway Co. v. McReeCourt of Appeals of Georgia · 1918
- Dowdell v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1933