Central of Georgia Ry. Co. v. Berry

• Decision Date: 10 December 1901
• Citation: 40 S.E. 290,114 Ga. 274
• Parties: CENTRAL OF GEORGIA RY. CO. v. BERRY (two cases).
• Court: Georgia Supreme Court

40 S.E. 290

114 Ga. 274

CENTRAL OF GEORGIA RY. CO. v. BERRY (two cases).

Supreme Court of Georgia

December 10, 1901

Syllabus by the Court.

1. It appears that the judge of the court below approved of the verdicts rendered, and did not consider them excessive. There being in the motions for new trial no ground that the recoveries were excessive, the plaintiff in error will not be heard to complain here because the court allowed the plaintiffs below to voluntarily write off portions of the amounts recovered by them as damages; it being nowhere made to appear that the plaintiff in error was injured by such action.

2. No error of law seems to have been committed by the trial judge, and the evidence was sufficient to sustain the verdicts.

Error from superior court, Pike county; J. S. Candler, Judge.

Actions by Fannie Berry, by her next friend, against the Central of Georgia Railway Company. Judgments for plaintiff. Defendant brings error. Affirmed.

Hall & Boynton and R. L. Berry, for plaintiff in error.

R. T. Daniel and S. J. Hale, for defendant in error.

PER CURIAM.

Judgment in each case affirmed.