Legal Opinion
Young v. South Georgia Railway Co.
Court of Appeals of Georgia
Decided November 16, 1925No. 16249PublishedCited by 16 opinions
1Opinion of the CourtJenkins, P. J.
It is the rule that the operatives of a railway train are not ordinarily bound to anticipate the presence of trespasser upon its right of way, and that 'the only duty which a railway company ordinarily owes to a trespasser upon its property is not to injure him wantonly or wilfully after his presence.has been actually discovered; that while the failure to exercise ordinary care to prevent his injury after his presence has been ascertained may amount to wanton negligence, the company is ordinarily authorized to act upon the presumption that a trespasser apparently *538of full age and capacity who…
2Cases cited8 opinions
- Lowe v. PayneSupreme Court of Georgia · 1923
- Atlantic Coast Line Railroad v. FulfordSupreme Court of Georgia · 1925
- Tice v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1920
- Parish v. Western & Atlantic RailroadSupreme Court of Georgia · 1897
- Wright v. Southern Railway Co.Supreme Court of Georgia · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Roberts v. KingCourt of Appeals of Georgia · 1960
- Hammontree v. Southern Railway Co.Court of Appeals of Georgia · 1932
- Pollard v. PhelpsCourt of Appeals of Georgia · 1937
- Dodson v. Southern Railway Co.Court of Appeals of Georgia · 1937
- Leverett v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1928
11 more not listed; retrieve them via the Exa API.