Tallahassee Railroad v. Macon

Tallahassee Railroad v. Macon

Lower Court

  • Leon County


  • 1859


  • 473


  • 853


woman was directed to attend to him if he needed attention. On the Saturday that the Doctor went to see him Esop seemed in the morning to be quite sick and witness told Mr. Glennon of it who directed witness to give him a toddy which was done all the care and attention which could be given to the negro under the circumstances was paid him and he fared as well as the rest of us. We had no idea that he was sick enough before the day the Doctor came out to need a Doctor. He was not confined to his bed but went in and out as he pleased. He in witness' opinion was between fifty and sixty years old and witness does not think he was worth more than two hundred and fifty or three hundred dollars. Here defendant rested its case.

No other testimony being offered the Jury returned to consider of their verdict and returned into Court rendering a verdict in favor of plaintiff for six hundred dollars. Whereupon defendant moved the Court for a new trial in this cause and assigned as grounds for said motion the following:

First the verdict is contrary to the evidence,

Second there is no evidence to support the verdict, there being no evidence of any carelessness or negligence on the part of the defendant.

Third- there is no evidence of the damages assessed