Rome R. Co. v. Barnett

• Decision Date: 26 March 1894
• Citation: 20 S.E. 355,94 Ga. 446
• Parties: ROME R. CO. v. BARNETT.
• Court: Georgia Supreme Court

20 S.E. 355

94 Ga. 446

ROME R. CO. v. BARNETT.

Supreme Court of Georgia

March 26, 1894

Syllabus by the Court.

1. The denial of a continuance where the sole ground of the application was the absence of a nonresident witness, whose testimony might have been taken by interrogatories, but was not, the movant having relied upon his promise to attend court, and showing as an excuse for his nonattendance that he was hindered by providential cause, was certainly no abuse of discretion.

2. It is no cause for a new trial that counsel read reported cases to the court, and commented upon them, in arguing a question of law to the court, whether this was done in the hearing of the jury or not.

3. In a civil action against the master for damages for a willful or reckless homicide committed by his servant, it is not requisite that any element of the case should be established with such certainty as to leave no reasonable doubt upon the minds of the jury.

4. The facts in evidence did not render it necessary to charge the jury that anything which would excuse the servant criminally would excuse the master civilly.

5. Unless a particular witness, in behalf of the plaintiff below, testified truly, the verdict would be an outrage upon justice. The credibility of this witness was attacked by every means known to the law, including contradiction by another witness, evidence of bad character, and his own previous affidavit to a written report of the facts, at variance with his testimony at the trial. Yet the jury, if not themselves corrupt, must have believed him, for they found for the plaintiff; and, the court below having approved their finding, this court is constrained by law to acquiesce. Relatively to the revising powers of this court, the jury are the exclusive judges of the credibility of witnesses. The law provides for setting aside judgments obtained by perjury after conviction of that offense.

Error from superior court, Floyd county; W. M. Henry, Judge.

Action by Mrs. Mattie Barnett against the Rome Railroad Company for damages. Judgment for plaintiff, and defendant brings error. Affirmed.

W. W. Brookes and W. T. Turnbull, for plaintiff in error.

Wright, Meyerhardt & Wright and C. N. Featherston, for defendant in error.

PER CURIAM.

Judgment affirmed.