Central of Georgia Railway Co. v. Motz
Supreme Court of Georgia
Action for damages. Before Judge Cann. Chatham superior ■court. May 3, 1907. ' Anton Motz brought suit against the Central of Georgia Railway Company to recover damages for the homicide of his son, Horace.
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Action for damages. Before Judge Cann. Chatham superior ■court. May 3, 1907. ' Anton Motz brought suit against the Central of Georgia Railway Company to recover damages for the homicide of his son, Horace. The petition alleged, among other things, as follows: "On November 29th, 1905, plaintiff’s son, a boy nine years of age, went with two companions, boys of about the same age, to a public-.road crossing over the tracks of the Central of Georgia Railway, in the unincorporated town of Pooler, in Chatham county. His ■companions were expecting some freight, consigned to their'parents, to arrive…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
Anton Motz sued the Central of Georgia Kailway Company to recover damages for the homicide of his son, nine years of age. A demurrer to the petition was overruled, and the defendant excepted.
It was argued, that the son of the plaintiff was'not a traveler or person proceeding to cross the track on the public road, but that he had gone to the place where he was injured, with his companions, to assist in removing some freight after it should be unloaded, and that if he had any right to be there or any duty to perform, it was to be at the station or on the…
2Cases cited8 opinions
- Southern Railway Co. v. ChatmanSupreme Court of Georgia · 1906
- City Council v. LombardSupreme Court of Georgia · 1897
- Ford v. FargasonSupreme Court of Georgia · 1904
- Ward v. Frick Co.Supreme Court of Georgia · 1895
- Richmond & Danville Railroad v. MitchellSupreme Court of Georgia · 1894
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3Cited by13 opinions
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- Johns v. NixSupreme Court of Georgia · 1943
- The DARLINGTON CORP. v. EvansCourt of Appeals of Georgia · 1953
- Smith v. AultmanCourt of Appeals of Georgia · 1923
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