Western & Atlantic Railroad v. Hix
Supreme Court of Georgia
Action for damages. Before Judge Fite. Whitfield superior court. April term, 1897. The suit was on account of personal injuries which the plaintiff received, as he alleged, by the negligent running of a railroad-train through the city of Dalton. He introduced in evidence a book containing what purported to be an ordinance of that city, forbidding the running of trains beyond a limited •speed, etc.
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Action for damages. Before Judge Fite. Whitfield superior court. April term, 1897. The suit was on account of personal injuries which the plaintiff received, as he alleged, by the negligent running of a railroad-train through the city of Dalton. He introduced in evidence a book containing what purported to be an ordinance of that city, forbidding the running of trains beyond a limited •speed, etc. It was admitted over defendant’s objection that the original ordinance, or a copy under the certificate and seal of the city clerk, would be better evidence;' and this ruling was excepted to.
1Opinion of the CourtLewis, J.
The question presented by the record in this case for determination is, whether or not an ordinance of a municipal corporation can be proved by the' introduction of a book purporting to contain the published ordinances of a city, upon *12the parol testimony of a witness that such book was published by authority of the city. By the act approved September 19, 1891 (Acts of 1890-91, vol. 1, p. 109), it is provided that “exemplifications of the records and minutes of the proceedings of municipal corporations of this State shall, when certified by the clerks or keepers of such records respectively,…
2Cases cited1 opinion
- Metropolitan Street Railroad v. JohnsonSupreme Court of Georgia · 1892
3Cited by15 opinions
- Fields v. JacksonCourt of Appeals of Georgia · 1960
- Western & Atlantic Railroad v. PetersonSupreme Court of Georgia · 1929
- Sewell v. City of TallapoosaSupreme Court of Georgia · 1916
- City of Waycross v. BoatrightCourt of Appeals of Georgia · 1961
- Perry v. StateCourt of Appeals of Georgia · 1948
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