Legal Opinion

East Tenn., Va. & Ga. Railway Co. v. Fleetwood

Supreme Court of Georgia

Decided August 27, 1892PublishedCited by 7 opinions

Railroad passenger. Damages. Evidence. Continr uance. Argument. Before Judge Roberts. Pulaski superior court. November term, 1891. Fleetwood sued the railway company for damages, and obtained a verdict for $4,375. A new trial , was denied, and tlie defendant excepted.

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Railroad passenger. Damages. Evidence. Continr uance. Argument. Before Judge Roberts. Pulaski superior court. November term, 1891. Fleetwood sued the railway company for damages, and obtained a verdict for $4,375. A new trial , was denied, and tlie defendant excepted. The plaintiff alleged that on August 3, 1889, he was a passenger on the defendant’s train from Cochran to Hawkinsville; that when about two miles from Cochran, and in the regular passenger-coach, Davis, the conductor in charge and control of the train, demanded and received his fare which was willingly and promptly paid; that he…

1Opinion of the Court

*24 Judgment affirmed.

The first special ground of the motion for a new trial alleges error in overruling a motion for continuance on account of the absence of Jordan, defendant’s law agent, and of Hendley, a witness by whom the defendant expected to prove that the conductor did not spit in the plaintiff’s face; counsel stating that they did not know until the day of the trial and just before any testimony was offered, that Hendley was a witness or what he would testify, the matter of getting up the evidence and securing the attendance of witnesses, and the preparation of the ease so far as the…

2Cited by7 opinions

  1. Layne v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1909
  2. Moore v. CareySupreme Court of Georgia · 1902
  3. Georgia R. R. & Banking Co. v. RichmondSupreme Court of Georgia · 1896
  4. Savannah, Florida & Western Railway Co. v. QuoSupreme Court of Georgia · 1897
  5. Mason v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of Georgia · 1911

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