Williams v. Southern Railway Co.
Court of Appeals of Georgia
Action for damages; from city court of Atlanta — Judge Reid. September 12, 1911. Thomas L. Williams, a minor, by his next friend, sued the Southern Eailway Company and W. B. Eobinson, an employee of the company, to recover damages for personal injuries sustained by him in jumping from’ a trestle on its right of way, within the yard limits of what is known as Armour station, in Fulton county.
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Action for damages; from city court of Atlanta — Judge Reid. September 12, 1911. Thomas L. Williams, a minor, by his next friend, sued the Southern Eailway Company and W. B. Eobinson, an employee of the company, to recover damages for personal injuries sustained by him in jumping from’ a trestle on its right of way, within the yard limits of what is known as Armour station, in Fulton county. He was endeavoring to cross the track over the trestle, and, to prevent being run over by a train of the defendant company, the locomotive of which was being operated by Eobinson, he jumped from the…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1. The first legal question arising under the facts is, what relation did the plaintiff occupy to the railway company at the time of the injury, and what corresponding duty did the company owe to him? Was he a trespasser or a licensee? It is insisted by the railway company that he was a trespasser, and by the plaintiff that he was a licensee. The rule of law governing both relations is well settled in this State by repeated decisions of the Supreme Court and of this court. If plaintiff was a trespasser, the only duty which the railway company and its…
2Cases cited15 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Ashworth v. Southern Railway Co.Supreme Court of Georgia · 1902
- Bullard v. Southern Railway Co.Supreme Court of Georgia · 1902
- Western & Atlantic Railroad v. MeigsSupreme Court of Georgia · 1885
- Shaw v. Georgia RailroadSupreme Court of Georgia · 1906
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Southern Railway Company v. Mrs. Mary I. CampbellCourt of Appeals for the Fifth Circuit · 1963
- Wilhelm v. Missouri, O. & G. Ry. Co.Supreme Court of Oklahoma · 1915
- Wright v. Southern Railway Co.Supreme Court of Georgia · 1913
- Herring v. R. L. Mathis Certified Dairy Co.Court of Appeals of Georgia · 1970
- Simmons v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1932
14 more not listed; retrieve them via the Exa API.