Georgia Midland & Gulf Railroad v. Curry
Supreme Court of Georgia
New trial. Before Judge Boynton. Spalding superior court. August term, 1891. Curry sued the railroad company for damages, and the jury found for him $100 and costs. He moved for a new trial, which was granted, and the defendant excepted. The declaration alleged: On September 5, 1890, he was at defendant’s depot in Griffin for the purpose of getting on board its cars to go to McDonough, at the time according to the schedule the cars were to leave.
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New trial. Before Judge Boynton. Spalding superior court. August term, 1891. Curry sued the railroad company for damages, and the jury found for him $100 and costs. He moved for a new trial, which was granted, and the defendant excepted. The declaration alleged: On September 5, 1890, he was at defendant’s depot in Griffin for the purpose of getting on board its cars to go to McDonough, at the time according to the schedule the cars were to leave. After waiting some time after schedule time for leaving, the cars were backed up to the depot for the purpose of taking on passengers. He attempted…
1Opinion of the Court
*251 Judgment affirmed.
The grounds for new trial, in addition to those alleging that the verdict is contrary to law and evidence, are: That the coui’t refused to give the following in charge: “Before plaintiff* can be required to exercise ordinary care for his own safety, he must have knowledge of the danger that he is placed in by the negligent act of the defendant, and a sufficient time to guard against the effects of that act.” That the court erred in charging the jury as follows: “The plaintiff, in order to recover, must show that he could not have avoided the injury by the exercise of…
2Cited by3 opinions
- Wellbeloved v. WellbelovedSupreme Court of Georgia · 1953
- Griffith v. SellersSupreme Court of Georgia · 1930
- Baker v. McGarrSupreme Court of Georgia · 1939