Legal Opinion

Southern Railway Co. v. Crabb

Court of Appeals of Georgia

Decided February 24, 1912No. 3259PublishedCited by 12 opinions

Action for damages; from city court of Polk county — Judge Irwin.

1Opinion of the CourtRussell, J.

1. “The allowance rightfully to be made for indiscreet conduct under excitement and alarm can better be determined by the jury than by the court.” Smith v. Wrightsville & Tennille R. Co., 83 Ga. 671 (10 S. E. 361).

2. Whether the agents of a railroad company were negligent, or exercised extraordinary diligence, in the case of a passenger seeking to enter a train, as well as the comparative negligence of the passenger and the agents of the carrier in contributing to or preventing injury, is a question for determination by a jury; and the finding of the jury is not to be disturbed, if there is…

2Cases cited2 opinions

  1. Smith v. Wrightsville & Tennille RailroadSupreme Court of Georgia · 1889
  2. Southern Railway Co. v. WallisSupreme Court of Georgia · 1909

3Cited by12 opinions

  1. Rome Railway & Light Co. v. KingCourt of Appeals of Georgia · 1925
  2. Metts v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1935
  3. Louisville & Nashville Railroad v. MeredithCourt of Appeals of Georgia · 1941
  4. Atkinson v. BrantleyCourt of Appeals of Georgia · 1914
  5. Fulcher v. RoweCourt of Appeals of Georgia · 1948

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