Comer v. Barfield
Supreme Court of Georgia
Action for damages. Before Judge Beck. Spalding superior court. October 16, 1896. Barfield sued tbe receivers of the railroad company for the demolition of a buggy by the running of a freight-train, and obtained a verdict. Defendants moved for a new trial, which was denied, and they excepted. The injury happened at or near midnight, upon what was known as Jones crossing, a public crossing near Griffin.
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Action for damages. Before Judge Beck. Spalding superior court. October 16, 1896. Barfield sued tbe receivers of the railroad company for the demolition of a buggy by the running of a freight-train, and obtained a verdict. Defendants moved for a new trial, which was denied, and they excepted. The injury happened at or near midnight, upon what was known as Jones crossing, a public crossing near Griffin. The train had from thirty to thirty-five cars, and was running down grade at the rate of twenty to^ twenty-five miles an hour, schedule time. Patterson, to whoni plaintiff had lent the buggy,…
1Opinion of the CourtFish, J.
1. It is provided by section 2322 of the Civil Code that: “No person shall recover damages from a railroad company for injury to himself or his property, where the same is done by his consent, or is caused by his own negligence. If the complainant and the agents of the company are both at fault, the former may recover, but the damages shall be diminished by the jury in proportion to the amount of default attributable to him.” Section 3830 declares that: “If the plaintiff by ordinary care could have avoided the consequences to himself caused by the defendant’s negligence, he is not entitled to…
2Cases cited2 opinions
- Americus, Preston & Lumpkin Railroad v. LuckieSupreme Court of Georgia · 1891
- Brunswick & Western Railroad v. GibsonSupreme Court of Georgia · 1895
3Cited by16 opinions
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
- Underwood v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1962
- Willis v. JonesCourt of Appeals of Georgia · 1954
- Louisville & Nashville Railroad v. HamesSupreme Court of Georgia · 1910
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