Atlanta & West Point Railroad v. Hudson
Supreme Court of Georgia
Action for damages. Before D. J. Gaffney, judge pro hac vice. City court of LaGrange. October 21, 1904. Hudson brought suit against the Atlanta and West Point Railroad Company, seeking to recover for the killing and injury of certain cattle alleged to have been struck by one of its trains. It is unnecessary to set out the evidence. The jury found for the plaintiff. The defendant moved for a new trial; and upon its being denied, excepted.
1Opinion of the CourtLumpkin, J.
(After stating the facts.) 1, 2. Several charges of the judge were alleged as error on the ground that they undertook to instruct the jury what acts ordinary care required the employees of the company to do. In one instance he charged as follows: “You will look to all these questions under the evidence in this case, to determine the truth of the same for yourselves ; for the law imposes the duty on the railroad company to maintain a lookout to discover cattle on its track, to stop its train as soon as cattle appear upon its track, or in the act of approaching it, or so near to the same that a…
2Cases cited7 opinions
- Central of Georgia Railway Co. v. McKinneySupreme Court of Georgia · 1903
- Savannah, Florida & Western Ry. Co. v. EvansSupreme Court of Georgia · 1902
- Florida, Central & Peninsular Railroad v. LucasSupreme Court of Georgia · 1900
- Western & Atlantic Railroad v. BurnhamSupreme Court of Georgia · 1905
- Central of Georgia Railway Co. v. RossSupreme Court of Georgia · 1899
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3Cited by58 opinions
- Powell v. BerrySupreme Court of Georgia · 1916
- Southern Railway Co. v. SlatonCourt of Appeals of Georgia · 1930
- Wynne v. Southern Bell Telephone & Telegraph Co.Supreme Court of Georgia · 1925
- Livingston v. BarnettSupreme Court of Georgia · 1942
- Davis v. WhitcombCourt of Appeals of Georgia · 1923
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