Southern Railway Co. v. Cunningham
Supreme Court of Georgia
Action for damages. Before Judge Hamilton. City court of Floyd county. August 24, 1904. Cunningham brought suit against the Southern Railway Company, seeking to recover for an injury to himself.
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Action for damages. Before Judge Hamilton. City court of Floyd county. August 24, 1904. Cunningham brought suit against the Southern Railway Company, seeking to recover for an injury to himself. He alleged, that he took passage upon a passenger-train of the defendant from a point in this State to a place in Alabama; that when the train reached a station in Alabama it was pulled into a side-track to allow a train coming in the opposite direction to pass; that after going into the side-track, the conductor and other servants of the defendant announced that the train would stand there for half…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) 1, 2. Plaintiff in error insists that as the injury took place in the State of Alabama, and ■no statute of that State is pleaded or shown, the law of this State requiring extraordinary diligence from carriers of passengers did not apply; that such was not the rule at common law, and that no presumption of negligence arose from proof of injury. The injury having occurred in the State of Alabama, and no statute of that State having been pleaded or shown, the presumption is that the common law is of force there. Selma R. Co. v. Lacy, 43 Ga. 461. At common law, common…
2Cases cited25 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- I. & G. H. R'y Co. v. IrvineTexas Supreme Court · 1885
- Chicago & Alton Railroad v. FlaggIllinois Supreme Court · 1867
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3Cited by26 opinions
- Slaton v. HallSupreme Court of Georgia · 1929
- Banks v. StateSupreme Court of Georgia · 1905
- Coon v. Medical Center, Inc.Supreme Court of Georgia · 2017
- Mendel v. Converse & Co.Court of Appeals of Georgia · 1923
- Minter v. KentCourt of Appeals of Georgia · 1940
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