Central Railroad & Banking Co. v. Ryles
Supreme Court of Georgia
Railroads. Negligence. Charge of court. Evidence. Verdict. Before Judge Gustin. Bibb superior court. May term, 1889. Ryles sued the railroad company for damages sustained by him while employed as a train-hand, in coupling ears of a freight-train known as number 39. He alleged that there were five loaded ears on the siding at Bartow, to be attached to number 89, and it became his duty to make the necessary couplings; the engineer was ordered to back his engine, with twelve…
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Railroads. Negligence. Charge of court. Evidence. Verdict. Before Judge Gustin. Bibb superior court. May term, 1889. Ryles sued the railroad company for damages sustained by him while employed as a train-hand, in coupling ears of a freight-train known as number 39. He alleged that there were five loaded ears on the siding at Bartow, to be attached to number 89, and it became his duty to make the necessary couplings; the engineer was ordered to back his engine, with twelve cars attached, to the cars on the siding; it then became the duty of the company to provide a lookout and guard so as to…
1Opinion of the Court
Bleckley, Chief Justice.
1. The code, §3Q83, is in these words: “A railroad company shall he liable for any damage done to persons, stock, or other property, by the running of the locomotives, or cars, or other machinery of such company, or for damage done by any person in the employment and service of such company, unless the company shall make it appear that their agents have exercised all ordinary and reasonable care and diligence, the presumption in all cases being against the company.” The court instructed the jury expressly that “ If the defendant has made it appear that its agents or…
2Cases cited5 opinions
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Parrot v. Wells, Fargo & Co.Supreme Court of the United States · 1873
- Brunswick & Western Railway Co. v. ClemSupreme Court of Georgia · 1888
- Morgan v. CoxSupreme Court of Missouri · 1856
- Carroll v. East Tennessee, Virginia & Georgia Railway Co.Supreme Court of Georgia · 1889
3Cited by28 opinions
- Wright v. DilbeckCourt of Appeals of Georgia · 1970
- Mayor of Milledgeville v. WoodSupreme Court of Georgia · 1901
- Southern Pac. Co. v. HetzerCourt of Appeals for the Eighth Circuit · 1905
- Rogers v. JohnsonCourt of Appeals of Georgia · 1956
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
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