Central of Georgia Railway Co. v. Tapley
Supreme Court of Georgia
Action for damages. Before Judge Park. Emanuel superior court. April 14, 1915. In an action for damages against a railroad company by a widow for the homicide of her husband, the petition alleged that the homicide occurred about 13 o’clock in the day, under the following circumstances: Between the town of Adrian and Peddy’s station on the defendant’s railroad and about one and one half miles east- of the first-named place is a railroad trestle approximately 130 feet long, 33…
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Action for damages. Before Judge Park. Emanuel superior court. April 14, 1915. In an action for damages against a railroad company by a widow for the homicide of her husband, the petition alleged that the homicide occurred about 13 o’clock in the day, under the following circumstances: Between the town of Adrian and Peddy’s station on the defendant’s railroad and about one and one half miles east- of the first-named place is a railroad trestle approximately 130 feet long, 33 feet high, and nine feet wide, under which passes a public highway known as the Wrightsville road. A curve to the left…
1Opinion of the CourtAtkinson, J.
1. The statute as embodied in the Civil Code, §§ 2675-2679, known as the blow-post law, is not applicable to a crossing where the railroad-tracks cross a public highway by means of a trestle over the public road. Barton v. Southern Ry. Co., 132 Ga. 841 (64 S. E. 1079, 22 L. R. A. (N. S.) 915, 16 Ann. Cas. 1232).
2. An allegation in a petition that a person knows or by the exercise of ordinary care ought to know a given fact is not an allegation of actual notice of such fact. Thomas v. Georgia Granite Co., 140 Ga. 459 (79 S. E. 130).
3. Mere allegations that for a long time the public generally…
2Cases cited12 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Ashworth v. Southern Railway Co.Supreme Court of Georgia · 1902
- Bullard v. Southern Railway Co.Supreme Court of Georgia · 1902
- Thomas v. Georgia Granite Co.Supreme Court of Georgia · 1913
- Louisville & Nashville Railroad v. RogersSupreme Court of Georgia · 1911
7 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Fulton Ice & Coal Co. v. PeceCourt of Appeals of Georgia · 1923
- Western & Atlantic Railroad v. MichaelSupreme Court of Georgia · 1932
- Doyal v. RussellSupreme Court of Georgia · 1936
- Huckabee v. GraceCourt of Appeals of Georgia · 1934
- Lowe v. PayneSupreme Court of Georgia · 1923
46 more not listed; retrieve them via the Exa API.