Southern Railway Co. v. Lomax
Court of Appeals of Georgia
1Opinion of the CourtSutton, J.
1. “Ordinarily tlie only duty owing by a railway company to a trespasser upon or about its property is not to wantonly or wilfully injure him after1 his presence has been discovered.” Hammontree v. Southern Railway Co., 45 Ga. App, 728 (165 S. E. 913); Young v. South Georgia Railway Co, 34 Ga. App. 537 (130 S. E. 542) ; Ashworth v. Southern Ry. Co., 116 Ga. 635 (43 S. E. 36, 59 L. R. A. 592).
2. “The mere failure of the employees of a railway company to discover the presence of a trespasser at a place where and a time when it was their duty to anticipate the presence of trespassers, and…
Also in this document: Concurrence.
2Cases cited12 opinions
- Western & Atlantic Railroad v. MichaelSupreme Court of Georgia · 1932
- Ashworth v. Southern Railway Co.Supreme Court of Georgia · 1902
- Lowe v. PayneSupreme Court of Georgia · 1923
- Central of Georgia Railway Co. v. TapleySupreme Court of Georgia · 1916
- Atlantic Coast Line Railroad v. FulfordSupreme Court of Georgia · 1925
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lancaster v. StateCourt of Appeals of Georgia · 1951
- Luck v. Western & Atlantic RailroadCourt of Appeals of Georgia · 1945
- Nabors v. Atlanta Biltmore Corp.Court of Appeals of Georgia · 1948
- Meriweather v. Atlanta Transit Co.Court of Appeals of Georgia · 1951
- Callaway v. ZittrouerCourt of Appeals of Georgia · 1943
5 more not listed; retrieve them via the Exa API.