Western & Atlantic Railroad v. Bailey
Supreme Court of Georgia
Action for damages. Before Judge Fite. Whitfield superior court. October term, 1897. The petition alleged, that in March, 1897, in the county in which the suit was brought, an engine and train of cars operated by the defendant ran against an unknown person who was walk' ing upon its track in front of the train, killing him instantly and hurling his body against the plaintiff, who was standing at a safe distance from the track, with such force that it knocked the plaintiff…
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Action for damages. Before Judge Fite. Whitfield superior court. October term, 1897. The petition alleged, that in March, 1897, in the county in which the suit was brought, an engine and train of cars operated by the defendant ran against an unknown person who was walk' ing upon its track in front of the train, killing him instantly and hurling his body against the plaintiff, who was standing at a safe distance from the track, with such force that it knocked the plaintiff down, thus causing injuries described, without fault or negligence on the part of the plaintiff. The train was then being…
1Opinion of the CourtLittle, J.
It may be stated as a general rule, that one who goes upon the track or premises of a railroad company, except *101at a public crossing or in a highway, without the invitation or license of the company, express or implied, is a trespasser. 3 Elliott on Railroads, § 1252. It may be also stated as a general rule, that the company owes no duty to & trespasser upon its track, except to do him no wilful or wanton injury. A trespasser is a wrong-doer, and it is a .general principle of jurisprudence that the courts will not aid a wrong-doei. The fact that the trespasser is a wrong-doer does not,…
2Cases cited10 opinions
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Western & Atlantic Railroad v. MeigsSupreme Court of Georgia · 1885
- Central Railroad v. BrinsonSupreme Court of Georgia · 1883
- Georgia Railroad v. WilliamsSupreme Court of Georgia · 1885
- Perry v. Central RailroadSupreme Court of Georgia · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Southern Railway Co. v. ChatmanSupreme Court of Georgia · 1906
- Lowe v. PayneSupreme Court of Georgia · 1923
- Charleston & Western Carolina Railway Co. v. JohnsonCourt of Appeals of Georgia · 1907
- Carr v. John J. Woodside Storage Co.Supreme Court of Georgia · 1961
- Tice v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1920
24 more not listed; retrieve them via the Exa API.