Barfield v. Southern Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Reagan. Fayette superior court. September 16, 1902. A trestle of the defendant company was built across a public highway. There were allegations and evidence to the effect that the space left for passage of loaded wagons under the trestle was too low and too narrow; but the plaintiff was familiar therewith, having driven thereunder several times.
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Action for damages. Before Judge Reagan. Fayette superior court. September 16, 1902. A trestle of the defendant company was built across a public highway. There were allegations and evidence to the effect that the space left for passage of loaded wagons under the trestle was too low and too narrow; but the plaintiff was familiar therewith, having driven thereunder several times. The defendant long before had been notified of the insufficient space, and had caused to be made some alteration of the structure, which but partially relieved the situation. A driver could have alighted from his…
1Opinion of the CourtCobb, J.
When this ease was here before (115 Ga. 724), it was held that the plaintifi was not entitled to recover, because it affirmatively appeared from his own testimony that he could by the exercise of ordinary care have avoided the injuries for which he sued. The evidence in the present case is substantially the same as that in the record of the previous case, and there-was therefore no error in granting a nonsuit.
Judgment affirmed.
By jive Jutices.
2Cases cited1 opinion
- Southern Railway Co. v. BarfieldSupreme Court of Georgia · 1902
3Cited by8 opinions
- Steele v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
- Southern Bell Telephone & Telegraph Co. v. HowellSupreme Court of Georgia · 1906
- City of Macon v. JonesCourt of Appeals of Georgia · 1927
- Georgia Railroad & Banking Co. v. SewellCourt of Appeals of Georgia · 1938
- Echols v. Atlanta, Birmingham & Coast RailroadCourt of Appeals of Georgia · 1932
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