Fowler v. Georgia Railroad & Banking Co.
Supreme Court of Georgia
Action for damages. Before Judge Ellis. Fulton superior court. September 30, 1908. Fowler sued for damages on account of a personal injury. He was working at a placo in Atlanta where a street was being made to pass under the railroad, and had been so. engaged for two days.
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Action for damages. Before Judge Ellis. Fulton superior court. September 30, 1908. Fowler sued for damages on account of a personal injury. He was working at a placo in Atlanta where a street was being made to pass under the railroad, and had been so. engaged for two days. In January, 1907, he went to his work by passing through a cemetery which lay alongside of the railroad, from the gate opening upon tbe railroad tracks, -where it was claimed that a public crossing existed, and thence down a street parallel with the railroad. In the evening, about half past six o'clock, he was returning by…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
The plaintiff was injured in the switch-yard of the defendant company, where there were many interlacing tracks, and where switching was constantly going on. This was known to him. Nevertheless he left the regular street crossing, or what was claimed to be such, when he went to the cemetery gate, and to save an extra walk, because the gate was closed, went up among the tracks, in the dark, in order to cross over to another street which ended at the yard. After he had proceeded forty or fifty yards, he undertook to cross a track which was between him and…
2Cases cited5 opinions
- Central Railroad & Banking Co. v. RyleeSupreme Court of Georgia · 1891
- Grady v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1901
- Western & Atlantic Railroad v. BloomingdaleSupreme Court of Georgia · 1885
- Rome Railroad Co. v. TolbertSupreme Court of Georgia · 1890
- Curtis v. Southern Railway Co.Supreme Court of Georgia · 1908
3Cited by10 opinions
- Lowe v. PayneSupreme Court of Georgia · 1923
- Wright v. Southern Railway Co.Supreme Court of Georgia · 1913
- Pressley v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1934
- Miller v. EstepCourt of Appeals of Texas · 1928
- Charleston & Western Carolina Railway Co. v. RobinsonCourt of Appeals of Georgia · 1912
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