Macon & Augusta Railroad v. Moses & Mayes
Supreme Court of Georgia
Corporations. Franchise. Railroads. Moses Mayes brought case against the Macon and Augusta Railroad Company for $20,000 00, damages alleged to have been sustained by the plaintiff on account of the negligent conduct of the defendant in the running of its cars, by which he lost one of his legs. The defendant pleaded not guilty. The evidence made the following case: George II.
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Corporations. Franchise. Railroads. Moses Mayes brought case against the Macon and Augusta Railroad Company for $20,000 00, damages alleged to have been sustained by the plaintiff on account of the negligent conduct of the defendant in the running of its cars, by which he lost one of his legs. The defendant pleaded not guilty. The evidence made the following case: George II. Hazlehurst was the president of the defendant, its chief engineer, and also a member of the firm of George G. Hull & Company, the contractors who were constructing the defendant’s road. Whether the road had been entirely…
1Opinion of the Court
McCay, Judge.
It is quite clear that the plaintiff, without fault of his owm, has been badly hurt by a collision of trains on the defendant’s railroad, caused by somebody’s fault. It is scarcely less clear that the person most to blame for the collision was Mr. Hazlehurst himself, and that he is the president of the road. We think the verdict in this case is sustainable on several grounds. There is sufficient evidence of negligence in the speed with which the principal train was running to authorize the verdict. Over a new road, with no regular schedule, common sense indicates a speed far less…
2Cited by36 opinions
- East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1888
- Abbott v. Johnstown, Gloversville & Kingsboro Horse RailroadNew York Court of Appeals · 1880
- Singleton v. Southwestern RailroadSupreme Court of Georgia · 1883
- Central of Georgia Railway Co. v. LeonardCourt of Appeals of Georgia · 1934
- Chattanooga, Rome & Columbus Railroad Co. v. LiddellSupreme Court of Georgia · 1890
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