Gainesville Railway & Power Co. v. Ham
Court of Appeals of Georgia
Action for damages; from city court of Hall county — Judge Wheeler. March 20, 1915. An electric-car on the defendant’s railway struck the plaintiff’s automobile when he was driving the automobile across the railway-track. He obtained a verdict for damages, and the case came to this court on exceptions to the overruling of the railway company’s motion for a new trial, in which it is alleged that the verdict was unsupported by evidence.
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Action for damages; from city court of Hall county — Judge Wheeler. March 20, 1915. An electric-car on the defendant’s railway struck the plaintiff’s automobile when he was driving the automobile across the railway-track. He obtained a verdict for damages, and the case came to this court on exceptions to the overruling of the railway company’s motion for a new trial, in which it is alleged that the verdict was unsupported by evidence. From the evidence it appeared that the plaintiff had stopped his automobile in front of a house on a street at a point about 20 or 25 feet below a…
1Opinion of the CourtBroyles, J.
1. Where one sues a railroad company for injury to himself or his property, whether or not the negligence of the plaintiff amounted to an omission to take ordinary care for his own safety is a question of fact for the jury, yet if the evidence, including the testimony of the ■ plaintiff himself, demands a finding that the plaintiff did not use ordinary care to prevent the injury sued for, a verdict in his favor is not authorized by the evidence', and a new trial should be granted. Civil Code, § 2781; Southern Ry. Co. v. Blake, 101 Ga. 217 (3), 223 (29 S. E. 288), and cases therein cited;…
2Cases cited15 opinions
- Americus, Preston & Lumpkin Railroad v. LuckieSupreme Court of Georgia · 1891
- Atlanta Consolidated Street Ry. Co. v. BatesSupreme Court of Georgia · 1898
- Macon Railway & Light Co. v. StreyerSupreme Court of Georgia · 1905
- Central Railroad & Banking Co. v. RylesSupreme Court of Georgia · 1890
- Linder v. BrownSupreme Court of Georgia · 1912
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3Cited by3 opinions
- Southern Railway Co. v. FrazierCourt of Appeals of Georgia · 1929
- Rome Railway & Light Co. v. McCarthaCourt of Appeals of Georgia · 1927
- Southern Railway Company v. WatsonCourt of Appeals of Georgia · 1946