Georgia, Carolina & Northern Rwy. Co. v. Watkins
Supreme Court of Georgia
Action for damages. Before Judge Westmoreland. City court of Atlanta. IVIarch term, 1895. The plaintiff, a boy of fifteen years, went with his father and brother upon an excursion from Atlanta to Lawrence-ville. Returning on the evening of the same day, he mounted the steps of one of the cars in the train, intending to go inside of the car. He was not then with his father or brother.
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Action for damages. Before Judge Westmoreland. City court of Atlanta. IVIarch term, 1895. The plaintiff, a boy of fifteen years, went with his father and brother upon an excursion from Atlanta to Lawrence-ville. Returning on the evening of the same day, he mounted the steps of one of the cars in the train, intending to go inside of the car. He was not then with his father or brother. The train was crowded, and the platforms of this car and the one next to it were filled with persons standing thereon; and plaintiff failed to get farther than the step on which he was standing, holding/to the…
1Opinion of the CourtLumpkin, J.
1. The charge as a whole fairly submitted the issues involved, and in so far as it dealt with the question as to what degree of diligence should he required of the plaintiff, was substantially in accord with the rulings of this court in Rhodes v. Georgia Railroad, 84 Ga. 320; Central Railroad Co. v. Phillips, 91 Ga. 527, and E. T., V. & G. Ry. Co. v. Hughes, 92 Ga. 388.
2. If additional instructions as to the presumptive capacity of a person above the age of fourteen years would have been pertinent or appropriate, they should have been specially requested.
3. The evidence fully warranted the…
2Cases cited3 opinions
- Central Railroad v. PhillipsSupreme Court of Georgia · 1893
- Rhodes v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1890
- East Tenn., Va. & Ga. Railway Co. v. HughesSupreme Court of Georgia · 1893
3Cited by3 opinions
- Atlantic Ice & Coal Co. v. FoldsCourt of Appeals of Georgia · 1933
- Collins v. AlewineCourt of Appeals of Georgia · 1960
- Countryman v. CooglerCourt of Appeals for the Fifth Circuit · 1946