Andrews v. Central Railroad & Banking Co.
Supreme Court of Georgia
Negligence. Railroads. Before Judge Roney. Burke superior court. June term, 1890. The petition of Andrews alleged that the railroad company had damaged him $3,000 ;• that in October 1888, in the town of Midville, Burke county, in the usual course of business, he had occasion to go from a store on one side of the main street through which the track of defendant ran lengthwise, to a store on the opposite side of the street; that he proceeded in the customary and proper course,…
Read the full summary
Negligence. Railroads. Before Judge Roney. Burke superior court. June term, 1890. The petition of Andrews alleged that the railroad company had damaged him $3,000 ;• that in October 1888, in the town of Midville, Burke county, in the usual course of business, he had occasion to go from a store on one side of the main street through which the track of defendant ran lengthwise, to a store on the opposite side of the street; that he proceeded in the customary and proper course, and in doing so, found that a very long freight-train of defendant had stopped in the street and had for a considerable…
1Opinion of the Court
Bleckley, Chief Justice.
No doubt the railroad company, on the facts alleged in the declaration (for which see the report), had no right to obstruct the public crossing with its train and delay the plaintiff unduly in his passage along the street from one side of the railway to the other ; but the obstruction, and the nature of it, were open and visible, and there is no sufficient reason alleged why the plaintiff should not have anticipated that the train might move at any moment. Nevertheless, instead of waiting for the train to get out of the way, applying for it to be moved, or attempting…
2Cited by18 opinions
- Frazier v. Southern Railway CompanySupreme Court of Georgia · 1946
- Studer v. Southern Pacific Co.California Supreme Court · 1898
- Mann v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1931
- Magoon v. Boston & Maine Rd.Supreme Court of Vermont · 1894
- Russell v. Central of Georgia Railway Co.Supreme Court of Georgia · 1904
13 more not listed; retrieve them via the Exa API.