Holmes v. Central Railroad & Banking Co.
Supreme Court of Georgia
Statutory action. New trial. By Judge Gibson. Burke Superior Court. - May Term, 1867. The Central Railroad and Banking Company, as lessees of the Augusta and Waynesboro’ Railroad, were sued by Jane B. Holmes for killing a slave (in July, 1854,) belonging to said deceased.
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Statutory action. New trial. By Judge Gibson. Burke Superior Court. - May Term, 1867. The Central Railroad and Banking Company, as lessees of the Augusta and Waynesboro’ Railroad, were sued by Jane B. Holmes for killing a slave (in July, 1854,) belonging to said deceased. The spot' at which the engine killed the slave was about seventy or eighty yards from the public road, but it was on a part of the track used very much by foot passengers to make a short cut from one to another of the public roads, which was known to defendant's agents. It was down grade at that point, and the view was there…
1Opinion of the CourtWalker, J.
1. A Railroad Company is liable for any damage done to persons, stock, or other property, by the running of the locomotives, or cars, or other machinery, unless the company shall make it appear that their agents exercised all ordinary and reasonable care and diligence. Rev. Code, sec. 2979; and the company is liable for injuries caused by the carelessness, negligence or improper conduct of its agents. Ib. see. 3292. The measure of the liability is, “all ordinary and reasonable care and diligence,” not “ gross negligence,” as was insisted by counsel for defendant in error.
2. We think the Court…
2Cited by16 opinions
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- Huckabee v. GraceCourt of Appeals of Georgia · 1934
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