Flanders v. Meath
Supreme Court of Georgia
Case, from Bibb county. Tried before Judge Lamar, June, 1858. This was an action on the case by Mary Meath, by her next friend, Darby Meath, against David Flanders, to recover damages for injuries received by plaintiff from the dray of defendant, in the streets of Macon; said dray, at the time, being driven by a negro belonging to, and in the employment of defendant. The damages were laid at five thousand dollars. The defendant pleaded the general issue.
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Case, from Bibb county. Tried before Judge Lamar, June, 1858. This was an action on the case by Mary Meath, by her next friend, Darby Meath, against David Flanders, to recover damages for injuries received by plaintiff from the dray of defendant, in the streets of Macon; said dray, at the time, being driven by a negro belonging to, and in the employment of defendant. The damages were laid at five thousand dollars. The defendant pleaded the general issue. The following was the evidence, in substance, offered on the trial. Plaintiff herself was presented to the view of the jury, and the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
It is said that the verdict in this case, cannot be justified on legal principles, and so the presiding .fudge seemed to think. That if the jury found for the plaintiff, they were bound to find a larger sum. Is this so?
There was a principle referred to in the case of the Wynn girl, against the Macon and Western Rail Road Co., decided at the July Term, 1858, of this Court, at this place, which *362we hold to be sound law — although, we did not think it applied to the facts of that case, where both parties are in fault, but the defendant most so; the…
2Cited by18 opinions
- Maloy v. DixonCourt of Appeals of Georgia · 1972
- Rawle v. McIlhennySupreme Court of Virginia · 1934
- Smith v. American Oil CompanyCourt of Appeals of Georgia · 1948
- Central Railroad v. BrinsonSupreme Court of Georgia · 1883
- Strickland v. EnglishCourt of Appeals of Georgia · 1967
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