Brunswick & Western Railroad v. Gibson
Supreme Court of Georgia
Action for damages. Before Judge Sweat. Glynn, superior court. May term, 1895. Mrs. Gibson sued.' tbe railroad company for damages from the homicide of her son Richard, alleging that on December 16, 1892, while he was endeavoring to cross defendant’s railroad, at or near the public crossing immediately opposite the saw-mill of Cook Brothers & Co., in Brunswick, and near the intersection of Bay and Prince streets and near the center of Bay street, and just as for the moment…
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Action for damages. Before Judge Sweat. Glynn, superior court. May term, 1895. Mrs. Gibson sued.' tbe railroad company for damages from the homicide of her son Richard, alleging that on December 16, 1892, while he was endeavoring to cross defendant’s railroad, at or near the public crossing immediately opposite the saw-mill of Cook Brothers & Co., in Brunswick, and near the intersection of Bay and Prince streets and near the center of Bay street, and just as for the moment he entered upon the railroad track, using every diligence and care, defendant, without the exercise of ordinary and…
1Opinion of the Court
'Simmons, Chief Justice.
1. In the case of Americus, Prestan & Lumpkin Railroad Co. v. Luckie, 87 Ga. 6, this court, construing sections 2972 and 3034 of the code, held, in substance, that the plaintiff in an action against a railroad company for personal injuries cannot recover, even though the company may have been negligent, if, after the negligence of the defendant began or was existing, the person injured could by ordinary care have avoided the consequences to himself of that negligence; also that if the person injured could not, by the exercise of ordinary care, have avoided the injury,…
2Cases cited1 opinion
- Americus, Preston & Lumpkin Railroad v. LuckieSupreme Court of Georgia · 1891
3Cited by21 opinions
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Florida Central & Peninsular Railroad v. FoxworthSupreme Court of Florida · 1899
- Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
- City Council v. TharpeSupreme Court of Georgia · 1901
- Mayor of Milledgeville v. WoodSupreme Court of Georgia · 1901
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