Pickett v. Central of Georgia Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Gilbert. Marion superior court. January 10, 1911. J. M. Pickett brought suit against the Central of Georgia Railway Company, to recover damages for a personal injury. He claimed that while he was alighting from a train of the defendant the engineer caused it to move forward suddenly and without warning, throwing him down and injuring him.
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Action for damages. Before Judge Gilbert. Marion superior court. January 10, 1911. J. M. Pickett brought suit against the Central of Georgia Railway Company, to recover damages for a personal injury. He claimed that while he was alighting from a train of the defendant the engineer caused it to move forward suddenly and without warning, throwing him down and injuring him. The place where the injury occurred was not immediately at the station which was Ms point of destination, but at a point a short distance before reaching it, and where the train, which was composed of freight-ears and…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. If an act is obviously negligent, it can not be justified by proof of a custom to do it. Where the quality of the act as to negligence or diligence is not clear, there is more reason for admitting evidence of custom as throwing light on the subject. It is not necessary here to discuss fully the eases in which it has been held that proof of a custom is admissible, and those in which it has been held to be inadmissible. Confining our consideration to cases like the one in hand, or closely analogous thereto, it is generally held that evidence tending to…
2Cases cited12 opinions
- McDonald v. Chicago & N. W. R. R.Supreme Court of Iowa · 1868
- Brunswick & Western Railroad v. WigginsSupreme Court of Georgia · 1901
- McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Pennsylvania Co. v. McCaffreyIllinois Supreme Court · 1898
- Metropolitan St. R. R. v. JohnsonSupreme Court of Georgia · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Southern Railway Co. v. WessingerCourt of Appeals of Georgia · 1924
- Furney v. TowerCourt of Appeals of Georgia · 1925
- Thompson v. PowellCourt of Appeals of Georgia · 1939
- Central of Georgia Railway Co. v. BurtonCourt of Appeals of Georgia · 1924
- Wadley v. DoolySupreme Court of Georgia · 1912
4 more not listed; retrieve them via the Exa API.