Legal Opinion

Columbus Railroad v. Kitchens

Supreme Court of Georgia

Decided November 13, 1914PublishedCited by 13 opinions

Action fo-r damages. Before Judge Gilbert. Muscogee superior court. December 22, 1913. Mrs. A. E. Kitchens instituted 'an action for damages against the Columbus Railroad Company. A demurrer to the petition was filed, which was overruled, and the defendant excepted.

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Action fo-r damages. Before Judge Gilbert. Muscogee superior court. December 22, 1913. Mrs. A. E. Kitchens instituted 'an action for damages against the Columbus Railroad Company. A demurrer to the petition was filed, which was overruled, and the defendant excepted. The petition alleged the following, in substance: That defendant,"a corporation, on the day of the injury and for some time prior thereto, was engaged in furnishing and supplying electricity to its customers for the purpose of lighting residences, for a consideration to be paid. The plaintiff was a customer to whom the defendant…

1Opinion of the CourtAtkinson, J.

In Heidt v. Southern Bell Telephone Co., 122 Ga. 474-478 (50 S. E. 361), it was said by Evans, J.: “Persons or companies operating telephone and electric-light systems for the transmission of electricity upon and over public highways owe to the public the duty of properly constructing and maintaining their respective wires and poles; they are bound to provide such safeguards against danger as are best known and most extensively used, and all necessary protection must be afforded to avoid casualties which may be reasonably expected. Higgins v. Cherokee Railroad, 73 Ga. 149; *680Davis v. Augusta…

2Cases cited11 opinions

  1. Insurance Co. v. TweedSupreme Court of the United States · 1869
  2. Higgins v. Cherokee RailroadSupreme Court of Georgia · 1885
  3. Jackson v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1894
  4. Davis v. Augusta FactorySupreme Court of Georgia · 1893
  5. Heidt v. Southern Telephone & Telegraph Co.Supreme Court of Georgia · 1905

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Brown v. Service Coach Lines Inc.Court of Appeals of Georgia · 1944
  2. Vickers v. Georgia Power Co.Court of Appeals of Georgia · 1949
  3. Central Georgia Electric Membership Corp. v. HeathCourt of Appeals of Georgia · 1939
  4. Chesapeake & Potomac Telephone Co. v. NobletteCourt of Appeals of Maryland · 1938
  5. Milam v. Mandeville MillsCourt of Appeals of Georgia · 1930

8 more not listed; retrieve them via the Exa API.

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