McIver v. Georgia Southern & Florida Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Littlejohn. Dooly superior court. September term, 1898. This was an action for damages on account of the killing of the plaintiff’s husband, T. S. Mclver, by a train on the defendant’s railroad. The trial of the case having resulted in a verdict for the plaintiff, the defendant moved for a new trial.
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Action for damages. Before Judge Littlejohn. Dooly superior court. September term, 1898. This was an action for damages on account of the killing of the plaintiff’s husband, T. S. Mclver, by a train on the defendant’s railroad. The trial of the case having resulted in a verdict for the plaintiff, the defendant moved for a new trial. The court granted the motion, upon the ground that “ the verdict was contrary to law and to the evidence, and without evidence to support it, and under the law and the evidence in the case the plaintiff is not entitled to recover.” To this the plaintiff excepted;…
1Opinion of the CourtLumpkin, P. J.
1. As to the merits of this case, we fully agree with the trial judge in holding that, under the law and the facts as disclosed by the record, there could be no lawful recovery in the plaintiff’s favor. It was, therefore, not erroneous to sustain the general grounds of the motion for a new trial filed by the railway company. The law, as laid down in section 5585 of the Civil Code, being that the first grant of a new trial will not be disturbed by the Supreme Court unless “the law and facts require the verdict,” a judgment granting a first new trial will certainly be affirmed when it plainly…
2Cited by9 opinions
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