Sherrod v. Atlanta, Birmingham & Atlantic Railway Co.
Court of Appeals of Georgia
Action for damages; from Ben Hill superior court — Judge Gower. January 13, 1921.
1Opinion of the CourtJenkins, P. J.
1. Under the employer’s liability act of this State (Civil Code of 1910, §§ 2782 et seq.) a railway employee is not required to be wholly blameless in order to recover damages for injuries received, but the rule of comparative negligence obtains, and the plaintiff may be able to recover partial damages on account of the negligence of the railway company notwithstanding his own fault which might in some less degree have contributed to the injury, provided the fault of the plaintiff did not amount to a lack of ordinary care, and provided also that he did not fail to exercise ordinary and…
2Cases cited5 opinions
- Suber v. Georgia, Carolina & Northern Railway Co.Supreme Court of Georgia · 1895
- Western Union Telegraph Co. v. SpencerCourt of Appeals of Georgia · 1919
- Wrightsville & Tennille Railroad v. TompkinsCourt of Appeals of Georgia · 1911
- Travelers Protective Ass'n v. SmallSupreme Court of Georgia · 1902
- Central of Georgia Railway Co. v. WeathersCourt of Appeals of Georgia · 1921
3Cited by7 opinions
- Wynne v. Southern Bell Telephone & Telegraph Co.Supreme Court of Georgia · 1925
- Larkin v. AndrewsCourt of Appeals of Georgia · 1921
- Columbus Railroad v. MooreCourt of Appeals of Georgia · 1922
- Ray v. Pan American Petroleum Corp.Court of Appeals of Georgia · 1929
- Atlantic Coast Line Railroad v. SolomonCourt of Appeals of Georgia · 1928
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