Fairburn & Atlanta Railway & Electric Co. v. Latham
Court of Appeals of Georgia
Action for damages; from Campbell superior court — Judge Hutcheson. June 35, 1930. Application for certiorari was denied by the Supreme Court.
1Opinion of the CourtJenkins, P. J.
1. Where a railway or street-railway company is sued for damages on account of a homicide shown to have, been caused by the running of its cars, the defendant will be presumed to have been negligent as charged in the petition, and liable in damages; but this presumption is rebuttable, and there can be no recovery when it is made to appear that the company exercised all ordinary and reasonable care in the operation of its train or ear, or when the homicide was brought about with the consent or solely on account of the negligence of the deceased, or when, although both parties were at fault,…
2Cases cited6 opinions
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Southern Railway Co. v. ChatmanSupreme Court of Georgia · 1906
- Mansfield v. RichardsonSupreme Court of Georgia · 1903
- Moore v. Southern Railway Co.Supreme Court of Georgia · 1911
- Tice v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1920
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Roberts v. KingCourt of Appeals of Georgia · 1960
- Hammontree v. Southern Railway Co.Court of Appeals of Georgia · 1932
- Kendrick v. AdamsonCourt of Appeals of Georgia · 1935
- Rogers v. McKinleyCourt of Appeals of Georgia · 1934
- Dodson v. Southern Railway Co.Court of Appeals of Georgia · 1937
9 more not listed; retrieve them via the Exa API.