Blackstone v. Central of Georgia Ry. Co.
Supreme Court of Georgia
Action for damages. Before Judge Eve. City court of Richmond county. September 11, 1897. The petition alleged, that while plaintiff was in the employment of defendant as yardmaster, his duties being to switch, make up trains of ears in the yard, superintend their transfer to the main line of the road, and do general yard-work, it became necessary to couple a freight-car to a switching-engine and cars in the yard.
Read the full summary
Action for damages. Before Judge Eve. City court of Richmond county. September 11, 1897. The petition alleged, that while plaintiff was in the employment of defendant as yardmaster, his duties being to switch, make up trains of ears in the yard, superintend their transfer to the main line of the road, and do general yard-work, it became necessary to couple a freight-car to a switching-engine and cars in the yard. Several attempts were made to effect a coupling, without success, owing to the difference in the height of the couplers and bumpers of the cars, the cars having automatic couplers,…
1Opinion of the CourtLittle, J.
1. The question presented is, whether or not the petition set out a cause of action.' The defendant contends that it does not, because'it appears that the plaintiff’s injury was caused by his own negligence, and because by the exercise of ordinary care he could have avoided the consequences of the defendant’s negligence, and because it appears that the plaintiff was not free from fault, and because it was the duty of the plaintiff to have known of the situation of the electric pole, and because the petition does not allege how near the pole was to the track. We are not able to say that all of…
2Cited by15 opinions
- Kemp v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
- Douglas, Augusta & Gulf Railway Co. v. SwindleCourt of Appeals of Georgia · 1907
- Central of Georgia Railway Co. v. WeathersSupreme Court of Georgia · 1904
- Seaboard Air-Line Railway v. PierceSupreme Court of Georgia · 1904
- Western & Atlantic Railroad v. PetersonSupreme Court of Georgia · 1929
10 more not listed; retrieve them via the Exa API.