E. Tenn. & Ga. R.R. Co. v. Evans

• Decision Date: 30 September 1871
• Citation: 53 Tenn. 607
• Parties: The East Tennessee & Georgia Railroad Co. v. Washington Evans.
• Court: Tennessee Supreme Court

53 Tenn. 607

The East Tennessee & Georgia Railroad Co.

v.Washington Evans.

Supreme Court of Tennessee.

September Term, 1871.

FROM HAMILTON

Appeal in error from the judgment of the Circuit Court, March Term, 1871. JOHN B. HOYL, J.

J. H. GAUT for Plaintiff in Error.

No Counsel marked for Defendant in Error.

NELSON, J., delivered the opinion of the Court.

Although the amount of damages ($137.20) allowed by the jury for the hogs killed, seems to be high, we can not say that it is excessive and exorbitant, as insisted in the argument. One of them seems, from the proof, to have been of peculiar value, and the price of pork and bacon was very high, according to the proof, when the accident occurred, in the fall of 1865. There is evidence in the record which fully sustains the verdict, although there is other proof which would have authorized the jury to find a smaller amount of damages. The case was properly submitted to the jury, and upon a well established rule of this court their verdict will not be disturbed.

Reasons in arrest of judgment were filed, alleging in substance, that no judgment could be pronounced because there was no such corporation in existence at the time as the East Tennessee and Georgia Railroad Company, but were overruled by the court. Assuming for the present that this was the proper mode of raising an objection not otherwise appearing in the pleadings or proofs, this court will briefly consider the question intended to be raised by the reasons in arrest and relied upon in argument. It is contended that the East Tennessee and Georgia Railroad Company, which succeeded to the rights of the Hiwassee Railroad Company, and was created by the act of February 4, 1848, ch. 169, s. 3, ceased to exist in consequence of its consolidation with the East Tennessee and Virginia Railroad Company under the acts of February 25, 1869, ch. 38, s. 3, and December 7, 1869, ch. 36, s. 2. From the fact last named it appears that the two corporations were consolidated into one, under the new name and style of the East Tennessee, Virginia and Georgia Railroad Company. This was done before the rendition of the judgment in this case on the 5th of April, 1861; but the contract, if there be one, between the two companies, by which they were consolidated, is not before us.

Upon general principles and without reciting the objects of consolidation as indicated in the statutes referred to, this court is of opinion that the mere change of the...