Etheredge v. Central of Georgia Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Hodges. City court of Macon. December 24, 1904. Earle Etheredge, a boy between five and six years of age, was injured by falling into a ditch containing hot water. The ditch was on the premises of the Central of Georgia Railway Company, ■and the water was turned into it by the Central City Ice Works, with the consent of the railway company. The boy, by his next friend, sued both companies for damages.
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Action for damages. Before Judge Hodges. City court of Macon. December 24, 1904. Earle Etheredge, a boy between five and six years of age, was injured by falling into a ditch containing hot water. The ditch was on the premises of the Central of Georgia Railway Company, ■and the water was turned into it by the Central City Ice Works, with the consent of the railway company. The boy, by his next friend, sued both companies for damages. The evidence for the plaintiff showed that the boy and his grandfather started down a path on the premises of the railway company, for the purpose of going to…
1Opinion of the CourtCobb, J.
If the boy was a bare trespasser and upon the railway company’s premises without any express or implied permission or invitation, the defendants owed him no more duty than they would have owed under the same circumstances to an adult. N., C. & St. L. Ry. Co. v. Priest, 117 Ga. 767; O'Connor v. Brucker, 117 Ga. 451 (4). But if the boy was upon the premises of the railway company by its consent, either expressly given, or to be inferred from the circumstances proved, the defendants owed him a duty to protect him against hidden dangers which he incurred by reason of his presence; and possibly…
2Cases cited7 opinions
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- Ashworth v. Southern Railway Co.Supreme Court of Georgia · 1902
- Atlanta Cotton-Seed Oil Mills v. CoffeySupreme Court of Georgia · 1887
- O'Connor v. BruckerSupreme Court of Georgia · 1903
- Burton v. Western & Atlantic RailroadSupreme Court of Georgia · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Cook v. Southern Railway Co.Court of Appeals of Georgia · 1936
- Crosby v. Savannah Electric & Power Co.Court of Appeals of Georgia · 1966
- Petree v. Davison-Paxon-Stokes Co.Court of Appeals of Georgia · 1923
- Misenhamer v. PharrCourt of Appeals of Georgia · 1959
- Augusta Amusements, Inc. v. PowellCourt of Appeals of Georgia · 1956
29 more not listed; retrieve them via the Exa API.