Collum v. Georgia Railway & Electric Co.
Supreme Court of Georgia
Action for damages. Before Judge Bell. Fulton superior court. March 2, 1913. The plaintiff, a man about sixty years old, was struck by a streetcar at midday of October 11, 1908. He alleged, as his cause of action, the following: He came into Atlanta from the country, and stopped on Houston street (on which were double railway tracks of the defendant) about midway of the block between two cross-streets, and, leaving his wagon on the south side of the street, went across and…
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Action for damages. Before Judge Bell. Fulton superior court. March 2, 1913. The plaintiff, a man about sixty years old, was struck by a streetcar at midday of October 11, 1908. He alleged, as his cause of action, the following: He came into Atlanta from the country, and stopped on Houston street (on which were double railway tracks of the defendant) about midway of the block between two cross-streets, and, leaving his wagon on the south side of the street, went across and into a store on the north side. [Returning, as he was crossing the street and going to his wagon, a car came from the…
1Opinion of the CourtHill, J.
1. On the trial of an action against a street-railway company for personal injuries, the court instructed the jury to the effect that if they believed from the evidence that the plaintiff’s own negligence was the proximate, producing cause of his injuries, he could not recover; and further that if the plaintiff was injured by his own negli-, genee, he could not recover, and that “The law imposes on the plaintiff the duty of exercising ordinary care to protect himself, and ordinary care, as applied to him, means just that care that every prudent man would have exercised under the same or…
2Cases cited17 opinions
- Atlanta, Knoxville & Northern Railway Co. v. GardnerSupreme Court of Georgia · 1905
- Metropolitan Street Railroad v. JohnsonSupreme Court of Georgia · 1892
- Weightsville & Tennille Railroad v. GorntoSupreme Court of Georgia · 1907
- Louisville & Nashville Railroad v. RogersSupreme Court of Georgia · 1911
- Central Railroad & Banking Co. v. AttawaySupreme Court of Georgia · 1893
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Felker v. StateSupreme Court of Georgia · 1984
- Southern Railway Co. v. SlatonCourt of Appeals of Georgia · 1930
- Wright v. DilbeckCourt of Appeals of Georgia · 1970
- Davis v. WhitcombCourt of Appeals of Georgia · 1923
- Freeman v. MartinCourt of Appeals of Georgia · 1967
16 more not listed; retrieve them via the Exa API.