Wilds v. Brunswick & Western Railroad
Supreme Court of Georgia
Railroads. Negligence. New trial. Before Judge Atkinson. Ware superior court. April term, 1888. The plaintiff .sued the Brunswick and Western Railroad Co. for the homicide of her husband. The material evidence tended to show as follows: Plaintiff’s husband, twenty-nine years of age, in company with two others, had taken two drinks of whiskey and a supper of beans and greens.
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Railroads. Negligence. New trial. Before Judge Atkinson. Ware superior court. April term, 1888. The plaintiff .sued the Brunswick and Western Railroad Co. for the homicide of her husband. The material evidence tended to show as follows: Plaintiff’s husband, twenty-nine years of age, in company with two others, had taken two drinks of whiskey and a supper of beans and greens. After supper, the three went together to where the jug of whiskey had been deposited and took another drink of whiskey around, sat down on the crossing of the railroad and public road, talked awhile and parted; one of…
1Opinion of the Court
Bleckley, Chief Justice.
Mrs. Wilds obtained a verdict for $2,500 against the company for killing her husband. The court granted a new trial. We think this was proper. The homicide occurred at night, several hundred yards from any public crossing; and the only reason why there was any such unfortunate calamity was, that the company and the deceased were both attempting to use the track at the same time. The company had a right to its use; the deceased had none. There is no explanation whatever as to why he did not avoid the consequences of the company’s negligence. That he could have done so…
2Cases cited1 opinion
- Central Railroad & Banking Co. v. SmithSupreme Court of Georgia · 1887
3Cited by6 opinions
- Central of Georgia Railway Co. v. PelfryCourt of Appeals of Georgia · 1912
- Parish v. Western & Atlantic RailroadSupreme Court of Georgia · 1897
- Georgia Railroad & Banking Co. v. WilliamsCourt of Appeals of Georgia · 1907
- Southern Railway Co. v. SewellCourt of Appeals of Georgia · 1916
- Bugg v. KnowlesCourt of Appeals of Georgia · 1925
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