Macon & Birmingham Railway Co. v. Parker
Supreme Court of Georgia
Action for damages. Before Judge Harwell. City court of LaGrange. November 29, 1905. The suit was on account of personal injuries sustained by being ■struck by an engine drawing a train of cars in the city of LaGrange, ■alleged to have been running down grade and on a curved track, ■at an unlawful speed of twenty-five or thirty'miles an.hour, as it ■approached a street crossing, without giving any signal by bell, whistle, or otherwise.
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Action for damages. Before Judge Harwell. City court of LaGrange. November 29, 1905. The suit was on account of personal injuries sustained by being ■struck by an engine drawing a train of cars in the city of LaGrange, ■alleged to have been running down grade and on a curved track, ■at an unlawful speed of twenty-five or thirty'miles an.hour, as it ■approached a street crossing, without giving any signal by bell, whistle, or otherwise. The other facts are sufficiently stated in the opinion for an understanding of the rulings made, except those referred to in the 6th division, viz.: A witness…
1Opinion of the CourtAtkinson, J.
1. The original petition as amended clearly states a cause of action. It proceeds upon the theory that although the plaintiff may have been a trespasser in a certain sense, yet if the place at which he was injured was so frequented by the public as a pathway as to give to the defendant and those operating its trains notice and reason to apprehend the probable presence of such pedestrians at such places, the defendant and its servants were under a duty to the plaintiff at that particular place to exercise ordinary and reasonable care to discover his presence and avoid injury to him. Hpon this…
2Cases cited9 opinions
- Southern Railway Co. v. ChatmanSupreme Court of Georgia · 1906
- Americus, Preston & Lumpkin Railroad v. LuckieSupreme Court of Georgia · 1891
- Southern Railway Co. v. BrownSupreme Court of Georgia · 1906
- Georgia Railroad v. WilliamsSupreme Court of Georgia · 1885
- Savannah, Florida & Western Railway Co. v. HatcherSupreme Court of Georgia · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Central of Georgia Railway Co. v. TapleySupreme Court of Georgia · 1916
- Underwood v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1962
- Southern Railway Co. v. BrockSupreme Court of Georgia · 1909
- Southern Railway Company v. Mrs. Mary I. CampbellCourt of Appeals for the Fifth Circuit · 1963
- Harden v. Georgia RailroadCourt of Appeals of Georgia · 1908
24 more not listed; retrieve them via the Exa API.