Central Railroad v. Harris
Supreme Court of Georgia
Railroads. Damages. Negligence. Charge of Court. Before Judge Clarke. City Court of Atlanta. September Term, 1885. Lucinda Harris brought suit against the Central Railroad to recover damages for the killing of her husband.
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Railroads. Damages. Negligence. Charge of Court. Before Judge Clarke. City Court of Atlanta. September Term, 1885. Lucinda Harris brought suit against the Central Railroad to recover damages for the killing of her husband. The testimony for the plaintiff tended to show that the husband was in the .depot in the city of Atlanta; that he walked alongside the train to go beyond the engine, which projected from the depot into a street-crossing at its end; that he undertook to cross the track at the street-crossing,, when the train started rapidly without giving any signal,, and ran over him. There…
1Opinion of the Court
Jackson, Chief Justice.
Lucinda Harris sued the Central Railroad and Banking Company for killing her husband. The jury found a verdict for the plaintiff of one thousand dollars. The company excepted to the denial of a new trial mainly on the ground that the law of the case, on the facts made, was not given to the jury, but the real defence of the plaintiff in error was wholly ignored in the charge.
The jury was instructed that the omission of the employ és of the plaintiff in error to ring the bell as it left the depot to cross Pryor street was negligence, without further instructing them that…
2Cases cited2 opinions
- Terry v. BuffingtonSupreme Court of Georgia · 1852
- Bentley v. JohnsonSupreme Court of Georgia · 1879
3Cited by64 opinions
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Atlanta, Knoxville & Northern Railway Co. v. GardnerSupreme Court of Georgia · 1905
- Whatley v. HenryCourt of Appeals of Georgia · 1941
- Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
- Savannah Electric Co. v. JacksonSupreme Court of Georgia · 1909
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