Atlantic Coast Line Railroad Co. v. Smith

Court of Appeals of Georgia

Atlantic Coast Line Railroad Co. v. Smith

65 S.E. 44, 6 Ga. App. 378, 1909 Ga. App. LEXIS 304

CourtCourt of Appeals of Georgia

DecidedJune 29, 1909

Docket1701

StatusPublished

Cited by1 cases

This text of 65 S.E. 44 (Atlantic Coast Line Railroad Co. v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Atlantic Coast Line Railroad Co. v. Smith, 65 S.E. 44, 6 Ga. App. 378, 1909 Ga. App. LEXIS 304 (Ga. Ct. App. 1909).

Pincite

Opinion

Hill, C. J.

1. In a suit against a railroad company, to recover the value of two oxen killed by the running of an engine and ears of the defendant, where the fact of killing was not denied, and was proved not only by the plaintiff’s witnesses, but by the positive testimony of the engineer and the fireman in charge of the train at the time of the killing,, it was not error 'for the court, in the charge, to tell the jury that the killing of the oxen was not denied by the railroad company.

2. Tlie verdict is fully supported by the evidence, and the special assignments of error consist of hypercritical objections to a fair, full, and substantially accurate charge, and axe so wholly without merit as to constrain the conclusion that the writ of error was for delay only. The motion of the defendant in error for ten. per cent, damages is granted.

Judgment affirmed, with damages.

Free access — add to your briefcase to read the full text and ask questions with AI

Hill, C. J.

1. In a suit against a railroad company, to recover the value of two oxen killed by the running of an engine and ears of the defendant, where the fact of killing was not denied, and was proved not only by the plaintiff’s witnesses, but by the positive testimony of the engineer and the fireman in charge of the train at the time of the killing,, it was not error 'for the court, in the charge, to tell the jury that the killing of the oxen was not denied by the railroad company.

2. Tlie verdict is fully supported by the evidence, and the special assignments of error consist of hypercritical objections to a fair, full, and substantially accurate charge, and axe so wholly without merit as to constrain the conclusion that the writ of error was for delay only. The motion of the defendant in error for ten. per cent, damages is granted.

Judgment affirmed, with damages.

Cite This Page — Counsel Stack

Bluebook (online)

65 S.E. 44, 6 Ga. App. 378, 1909 Ga. App. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-coast-line-railroad-co-v-smith-gactapp-1909.

Opinion

Related

Cite This Page — Counsel Stack