Legal Opinion
Hammontree v. Southern Railway Co.
Court of Appeals of Georgia
Decided September 21, 1932No. 22089, 22090PublishedCited by 30 opinions
1Opinion of the CourtJenkins, P. J.
1. Ordinarily the only duty owing by a railway company to a trespasser upon or about its property is not to wantonly or wilfully injure him after his presence has been discovered (Ashworth v. Southern Ry. Co., 116 Ga. 635, 43 S. E. 36, 59 L. R. A. 592), although a failure to exercise ordinary care to prevent injury to a trespasser after his presence has become actually known may amount to wantonness. Charleston &c. Ry. Co. v. Johnson, 1 Ga. App. 441 (57 S. E. 1064); L. & N. Railroad Co. v. Plunkett, 6 Ga. App. 684 (65 S. E. 695). The mere fact that the public may have been accustomed to…
2Cases cited11 opinions
- Ashworth v. Southern Railway Co.Supreme Court of Georgia · 1902
- Georgia Northern Railway Co. v. Hutchins & JenkinsSupreme Court of Georgia · 1904
- Lowe v. PayneSupreme Court of Georgia · 1923
- Atlantic Coast Line Railroad v. FulfordSupreme Court of Georgia · 1925
- Charleston & Western Carolina Railway Co. v. JohnsonCourt of Appeals of Georgia · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Pollard v. PhelpsCourt of Appeals of Georgia · 1937
- Central of Georgia Railway Co. v. SharpeCourt of Appeals of Georgia · 1950
- Richardson v. PollardCourt of Appeals of Georgia · 1938
- Dodson v. Southern Railway Co.Court of Appeals of Georgia · 1937
- Central of Georgia Railway Co. v. StampsCourt of Appeals of Georgia · 1934
25 more not listed; retrieve them via the Exa API.