O'quinn v. Douglas

Decision Date20 January 1910
Docket Number(No. 2,005.)
Citation7 Ga.App. 309,66 S.E. 810
PartiesO'QUINN. v. DOUGLAS, A. & G. RY. CO.
CourtGeorgia Court of Appeals
1. New Trial (§ 27*)—Errors of Law—Cure by Verdict.

In a suit brought by a passenger against a railroad company to recover damages for personal injuries, a verdict was rendered for the plaintiff in the sum of $4,300. There was conflict in the evidence as to the plaintiff's contributory negligence. On his motion for a new trial, held, that any error of law relating to the defendant's liability was rendered harmless by the verdict, unless it was such as might have influenced the jury to reduce the amount that the plaintiff was entitled to recover.

[Ed. Note.—For other cases, see New Trial, Cent. Dig. §§ 40, 41; Dec. Dig. § 27.*]

2. Admission of Evidence—Instructions.

There was no error of law in the admission of evidence, or in the charge of the court, which could have affected injuriously or materially the amount of the damages that the plaintiff was entitled to recover.

3. Damages (§ 208*)—Question for Jury.

The amount of the verdict was exclusively a question for the determination of the jury under all the evidence.

[Ed. Note.—For other cases, see Damages, Cent. Dig. §§ 533, 534; Dec. Dig. § 208.*]

(Syllabus by the Court.)

Error from City Court of Nashville; H. B. Peeples, Judge.

Action by J. H. O'Quinn against the Doug las, Augusta & Gulf Railway Company. From a judgment granting inadequate relief, plaintiff brings error. Affirmed.

J. R. Walker and Hendricks & Christian, for plaintiff in error.

Wm. H. Barrett, J. W. Quincey, and W. D. Brice, for defendant In error.

HILL, C. J. Judgment affirmed.

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1 cases
  • Maloy v. Dixon
    • United States
    • Georgia Court of Appeals
    • September 6, 1972
    ...283, 78 S.E. 1059; Brown v. Brown, 152 Ga. 463(2), 110 S.E. 234; Jackson v. Lipham, 158 Ga. 557(5), 123 S.E. 887; O'Quinn v. Douglas, Augusta & Gulf R. Co., 7 Ga.App. 309(1, 2), 66 S.E. 810; Hunt v. Western & A.R., 49 Ga.App. 33, 36, 174 S.E. 222; Trammell v. Atlanta Coach Co., 51 Ga.App. 7......

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