Macon & Birmingham Railway Co. v. Anderson
Supreme Court of Georgia
Action for damages. Before Judge Roan. Monroe superior court. June 11, 1904. Anderson brought suit against the plaintiff in error for damages occasioned by a sudden start of the train while he was standing on the bottom step of the platform, claiming that he had been induced to put himself in this position by reason of the negligent and improper announcement of the station before the train reached the usual stopping-place. The verdict was for the plaintiff.
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Action for damages. Before Judge Roan. Monroe superior court. June 11, 1904. Anderson brought suit against the plaintiff in error for damages occasioned by a sudden start of the train while he was standing on the bottom step of the platform, claiming that he had been induced to put himself in this position by reason of the negligent and improper announcement of the station before the train reached the usual stopping-place. The verdict was for the plaintiff. There was a motion for a new trial on several grounds, and among others, that the court refused to grant a continuance on account of the…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) 1. While it may be necessary, in the same case, to give in charge the principle contained in the Civil Code, §2322, and that set forth in § 3830, it would be because of the different theories raised by the evidence, and not because the defenses under the two sections are identical. Section 2322 treats of an active plaintiff who himself caused the injury. Section 3830 deals with a plaintiff who may have been passive, and may therefore not have caused, but might have avoided the injury. Neither section is exhaustive of defenses which may be made. But…
2Cases cited6 opinions
- Americus, Preston & Lumpkin Railroad v. LuckieSupreme Court of Georgia · 1891
- Savannah, Florida & Western Railway Co. v. HatcherSupreme Court of Georgia · 1903
- Cobb v. StateSupreme Court of Georgia · 1900
- Thompson v. StateSupreme Court of Georgia · 1858
- Salmons v. StateSupreme Court of Georgia · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Atlantic Coast Line Railroad v. AndersonCourt of Appeals of Georgia · 1926
- Central of Georgia Railway Co. v. HartleyCourt of Appeals of Georgia · 1920
- Seaboard Air-Line Railway Co. v. SarmanCourt of Appeals of Georgia · 1928
- Southern Railway Co. v. DisekerCourt of Appeals of Georgia · 1913
- Southern Railway Co. v. LeeCourt of Appeals of Georgia · 1938
5 more not listed; retrieve them via the Exa API.