North & South Street Railroad v. Crayton

Supreme Court of Georgia
North & South Street Railroad v. Crayton, 86 Ga. 499 (Ga. 1891)
12 S.E. 877; 1891 Ga. LEXIS 3
Bleckley

North & South Street Railroad v. Crayton

Opinion of the Court

Bleckley, Chief Justice.

The motion in arrest of judgment was properly overruled. The verdict was in these words: “We, the jury, find for plaintiff eight hundred dollars ($800.00), less amount of freight, with interest; also, setting up lien, and find property subject set forth in declaration.” The words “less amount of freight” are surplusage. There was no freight involved in the issue on trial. Nothing of the sort was mentioned anywhere in the pleadings. The verdict is therefore for eight hundred dollars less nothing, and this is equivalent to eight hundred dollars simply. The jury having found no amount by which it is to be diminished, it cannot be diminished at all. Judgment affirmed.

Reference

Full Case Name
The North & South Street Railroad Co. v. Crayton
Cited By
5 cases
Status
Published