Georgia Railroad & Banking Co. v. Hurt

38 S.E. 40, 112 Ga. 817, 1901 Ga. LEXIS 97

• Court: Supreme Court of Georgia
• Decided: February 28, 1901
• Status: Published

Opinion

Lewis, J.

1. The assignment of error as to admitting evidence does not disclose what objection wásmade thereto when offered, and consequently is without merit here.

2. This was an action against a railroad company for personal injuries, in which the plaintiff established his own freedom from fault; and, under his pleadings and the evidence, it was a question for the jury whether he was injured in one of the ordinary risks of his employment or because of the negligence of fellow-servants, for which the company is, under our statutes, liable. Accordingly this court will not set aside, after its approval by the trial judge, a verdict returned in the plaintiff’s favor.

Argued January 29, Decided February 28, 1901.

Action for damages. Before Judge Brinson. McDuffie superior court. January 19, 1900.

Joseph B. & Bryan Gumming, for plaintiff in error. Thomas E. Watson and Samuel E. Sibley, contra.

Judgment affirmed.

All the Justices concurring, except Simmons, G. J., and Gobi, J., absent.