Hearn v. Central of Georgia Railway Co.
Court of Appeals of Georgia
Action for damages; from Bibb superior court—Judge Mathews. August 6, 1917. Paul Hearn sued the Central of Georgia Railway Company for $680, alleging, that this amount represented the value of his live stock killed at stated times by the running of the defendant’s trains thrpugh described property which he alleged he had charge of and was using as a pasture* for his live stock; that the place where the stock was killed was a straight track for more than a mile; that there…
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Action for damages; from Bibb superior court—Judge Mathews. August 6, 1917. Paul Hearn sued the Central of Georgia Railway Company for $680, alleging, that this amount represented the value of his live stock killed at stated times by the running of the defendant’s trains thrpugh described property which he alleged he had charge of and was using as a pasture* for his live stock; that the place where the stock was killed was a straight track for more than a mile; that there was nothing to prevent the defendant’s employees in charge of the trains from seeing the cattle on the track, and that due…
1Opinion of the CourtHarwell, J.
(After stating the foregoing facts.) The plaintiff contends that the provisions in the lease contract between the railroad company and himself, stipulating “that the tenant will save and hold harmless the company, its successors and assigns, from all damage,” etc., whether “attributable to the negligence of *3the employees," etc., is an attempt on the part of the railroad company to relieve itself from any liability arising from the negligence of itself and its agents and employees, and is therefore contrary to the public policy of this State and null and void. There can be no doubt that a…
2Cases cited15 opinions
- Equitable Loan & Security Co. v. WaringSupreme Court of Georgia · 1903
- Checkley v. Illinois Central RailroadIllinois Supreme Court · 1913
- Charleston & Western Carolina Railway Co. v. ThompsonSupreme Court of the United States · 1914
- Hartford Fire Ins. v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1895
- Greenwich Insurance v. L. & N. R. R.Court of Appeals of Kentucky · 1902
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Batson-Cook Co. v. Georgia Marble Setting Co.Court of Appeals of Georgia · 1965
- Golden v. National Life & Accident InsuranceSupreme Court of Georgia · 1939
- Central of Georgia Railway Co. v. Woolfolk Chemical Works, Ltd.Court of Appeals of Georgia · 1970
- King v. SmithCourt of Appeals of Georgia · 1933
- Brown v. Five Points Parking CenterCourt of Appeals of Georgia · 1970
18 more not listed; retrieve them via the Exa API.