Legal Opinion

Yancey v. Southern Railway Co.

Court of Appeals of Georgia

Decided April 24, 1959No. 37612PublishedCited by 6 opinions

1Opinion of the Court

Townsend, Judge.

As a matter of law, the presence of a piece of gravel on a railroad crossing is not negligence and the trial court did not err in sustaining the special grounds of demurrer wherein this matter was alleged as a basis for recovery. The presence of a piece of gravel is alleged elsewhere in the petition and is material on a consideration of the general demurrers in relation to the part it played in the plaintiff’s injuries. In City of East Point v. Mason, 86 Ga. App. 832, 834 (72 S. E. 2d 787) it was stated: “To require municipal corporations to keep sidewalks and streets free…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. Central of Georgia Railway Co. v. KeatingSupreme Court of Georgia · 1933
  2. Glover v. City Council of AugustaCourt of Appeals of Georgia · 1951
  3. Idlett v. City of AtlantaSupreme Court of Georgia · 1905
  4. Central of Georgia Railway Co. v. DumasCourt of Appeals of Georgia · 1931
  5. Pollard v. BoatwrightCourt of Appeals of Georgia · 1938

11 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Redding v. Sinclair Refining Co.Court of Appeals of Georgia · 1962
  2. Robinson v. Western International Hotels Co.Court of Appeals of Georgia · 1984
  3. Southern Railway Co. v. BrooksCourt of Appeals of Georgia · 1965
  4. Southern Railway System v. YanceyCourt of Appeals of Georgia · 1960
  5. SOUTHERN RAILWAY COMPANY v. FloydCourt of Appeals of Georgia · 1969

1 more not listed; retrieve them via the Exa API.

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