Central Railroad v. Brinson
Supreme Court of Georgia
Railroads. Damages. Negligence. Torts. Minors. Infants. Trespassers. Before Judge Snead. Burke Superior Oourt. November Term, 1881. Jefferson Brinson, a minor, represented by his father and next friend, James Brinson, brought his action for damages against the Central Railroad.
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Railroads. Damages. Negligence. Torts. Minors. Infants. Trespassers. Before Judge Snead. Burke Superior Oourt. November Term, 1881. Jefferson Brinson, a minor, represented by his father and next friend, James Brinson, brought his action for damages against the Central Railroad. His declaration alleged that in February, 1877, the Central Railroad being the lessee of the Augusta and Savannah Railroad, and operating it> had so carelessly and negligently loaded and run its engine and cars in the county of Burke that they ran over and •crushed the foot and ankle of plaintiff, causing him to lose…
1ConcurrenceJackson, Chief Justice
1. I concur in the judgment of this court granting a new trial in this case, on the ground that the court erred in charging the jury, as requested by the plaintiff below, to the effect that, though that plaintiff was himself negligent, the railroad company must make good the damage.
The words “ must make good the damage,” without qualification, would convey the idea that the company must, in such a case, pay full damage, and thus withdrew from the jury the consideration of the doctrine of contributory negligence as lessening the damage which the jury should give in such a case. No matter how…
2Cases cited4 opinions
- Wright v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1866
- Holmes v. Central Railroad & Banking Co.Supreme Court of Georgia · 1868
- Central Railroad v. GlassSupreme Court of Georgia · 1878
- Baston v. Georgia RailroadSupreme Court of Georgia · 1878