Atlantic Coast Line Railroad v. Adams
Court of Appeals of Georgia
Action for damages; from city conrt of Thomasville — Judge Hammond. May 22, 1909. Adams brought suit against the Atlantic Coast Line Kailroad Company and W. W. Phillips, to recover damages for the loss of his foot, alleging that his foot was cut off by a train of the railroad company, operated by Phillips as its engineer, about twelve o’clock at night on July 6, 1908, at a point between two streets in the City of Thomasville, Georgia, where he had been placed, on or near the…
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Action for damages; from city conrt of Thomasville — Judge Hammond. May 22, 1909. Adams brought suit against the Atlantic Coast Line Kailroad Company and W. W. Phillips, to recover damages for the loss of his foot, alleging that his foot was cut off by a train of the railroad company, operated by Phillips as its engineer, about twelve o’clock at night on July 6, 1908, at a point between two streets in the City of Thomasville, Georgia, where he had been placed, on or near the track, by two men who had sand-bagged and robbed him and left him unconscious. He charged, that the engineer operating…
1Opinion of the CourtHill, C. J.
1. Where a person was injured by tlie running of a railroad
train while on the track at a point between two public street crossings in a city, it was not erroneous to instruct the jury that although the omission on the part of the engineer to comply with the statutory requirements as to giving signals and checking the speed of the train would not amount to negligence per se, yet the jury might consider such omission, in connection with all the evidence, for the purpose of determining if the railroad company was negligent. Air Line Ry. Co. v. Gravitt, 93 Ga. 370 (20 S. E. 550) ; Macon &…
2Cases cited11 opinions
- Central Railroad & Banking Co. v. SmithSupreme Court of Georgia · 1887
- Bullard v. Southern Railway Co.Supreme Court of Georgia · 1902
- City of Columbus v. OgletreeSupreme Court of Georgia · 1897
- Shaw v. Georgia RailroadSupreme Court of Georgia · 1906
- Central Railroad & Banking Co. v. Brunswick & Western RailroadSupreme Court of Georgia · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Huckabee v. GraceCourt of Appeals of Georgia · 1934
- Western & Atlantic Railroad v. WatkinsCourt of Appeals of Georgia · 1914
- Western & Atlantic Railroad v. MichaelCourt of Appeals of Georgia · 1931
- Atlantic Coast Line Railroad v. BurroughsCourt of Appeals of Georgia · 1917
- Seaboard Air-Line Railway Co. v. ParriettCourt of Appeals of Georgia · 1925
3 more not listed; retrieve them via the Exa API.