Sawyer v. Georgia Railroad & Banking Co.
Sawyer v. Georgia Railroad & Banking Co.
Opinion of the Court
The headnote will show that on the second trial the case was a proper one for determination by the jury. The judge who presided on the hearing of the motion for a new trial thought that the case was controlled by the ruling made by this court in 112 Ga. 346. In this we think he erred. We have carefully examined the record of the case as it then appeared, and as it is now presented; and^we find very material differences. Without setting out the evidence in detail, a few illustrations of the change of status will suffice. On the former trial the principal witness for the plaintiff was one Shields. In his testimony he strongly indicated that the plaintiff’s husband could have seen the approaching train; and while some mention was made of the possibility of there being freight-cars on the side-track,, it was very vague and uncertain as to the number, position, and effect on the view of the plaintiff’s husband while approaching the track. Indeed Shields developed into a most excellent witness for the defense. On the second trial the plaintiff did not introduce him at all, but the defendant did so. The plaintiff introduced as her leading witness one Ike Burton.
Judgment reversed.
Reference
- Full Case Name
- SAWYER v. GEORGIA RAILROAD AND BANKING CO.
- Cited By
- 2 cases
- Status
- Published