Atlanta & West Point Railroad v. Miller
Court of Appeals of Georgia
Action for damages; from Troup superior court—Judge Terrell. April 10, 1918. . ‘ The plaintiff sought to recover the value of the life of her hus-' band, who it was alleged was killed by the negligent operation of the defendant company’s cars at and upon a public crossing in the city of LaGrange. It was admitted by her counsel upon the trial that if the deceased was not upon the public crossing at the time he was killed," she could not recover.
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Action for damages; from Troup superior court—Judge Terrell. April 10, 1918. . ‘ The plaintiff sought to recover the value of the life of her hus-' band, who it was alleged was killed by the negligent operation of the defendant company’s cars at and upon a public crossing in the city of LaGrange. It was admitted by her counsel upon the trial that if the deceased was not upon the public crossing at the time he was killed," she could not recover. The defendant denied liability, and contended that it was not negligent; that the deceased was not in the street when killed, but was some distance…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.) 1. The motion for a new trial assigns error upon the following excerpt from the charge of the court: “There was no legal duty upon the part of the defendant to place a watchman either on the street-crossing or on the box-car which struck the deceased, if you believe that the deceased was not in the street-and using it as a passageway, so far as relates to him, unless you find that failure to have been negligent upon the part -of the defendant company.” While the language of the charge may be just here somewhat confused, we do not think that the excerpt,…
2Cases cited8 opinions
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Florida Central & Peninsular Railroad v. BurneySupreme Court of Georgia · 1895
- Macon Railway & Light Co. v. BarnesSupreme Court of Georgia · 1904
- Cosby v. ReidCourt of Appeals of Georgia · 1918
- Smith v. BrinsonSupreme Court of Georgia · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Central of Georgia Railway Co. v. BarnettCourt of Appeals of Georgia · 1926
- Teague v. KeithSupreme Court of Georgia · 1959
- Holbert v. AllredCourt of Appeals of Georgia · 1920
- Hines v. EvittCourt of Appeals of Georgia · 1920
- Georgia Granite Corp. v. Union Granite Co.Court of Appeals of Georgia · 1923
6 more not listed; retrieve them via the Exa API.