Central of Georgia Railway Co. v. Johnston
Supreme Court of Georgia
Action for damages. Before Judge. Butt. Taylor superior court. July 30, 1898. The suit was on account of personal injuries which the plaintiff’ alleged were sustained by him in consequence of the derailment of defendant’s train, upon which he was a passenger, the derailment being caused by the running of the train into an open switch.
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Action for damages. Before Judge. Butt. Taylor superior court. July 30, 1898. The suit was on account of personal injuries which the plaintiff’ alleged were sustained by him in consequence of the derailment of defendant’s train, upon which he was a passenger, the derailment being caused by the running of the train into an open switch. He alleged that the defendant was negligent in running the train into the switch without discovering the condition of the switch in time to have prevented the derailment; also in running the train at such a high rate of speed in approaching and going upon the…
1Opinion of the CourtLewis, J.
1. It appears from the record in this case, that the general counsel for the plaintiff in error, in his argument on the trial before the jury, stated that he did not take the position that plaintiff was not hurt at all. Error is assigned on a statement made by the judge in his charge to the jury, that it was admitted by the defendant that the plaintiff was injured as the result of the accident. Conceding that this charge was based entirely upon the above statement of counsel, we do not think an unfair construction was given this language. Althou gh such an issue was presented by the pleadings…
2Cases cited6 opinions
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Georgia Railroad & Banking Co. v. HicksSupreme Court of Georgia · 1895
- Port Royal & Western Carolina Railway Co. v. DavisSupreme Court of Georgia · 1898
- Crusselle v. PughSupreme Court of Georgia · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cairnes v. Hillman Drug Co.Supreme Court of Alabama · 1926
- Preston v. HamSupreme Court of Georgia · 1923
- National Ass'n for the Advancement of Colored People v. PyeCourt of Appeals of Georgia · 1957
- John H. Smith, Inc. v. TeveitCourt of Appeals of Georgia · 1985
- Seaboard Air-Line Railway v. BrewtonSupreme Court of Georgia · 1920
8 more not listed; retrieve them via the Exa API.