Louisville & Nashville Railroad v. McGarity
Supreme Court of Georgia
Action lor damages. Before Judge Brand. Walton superior court. January 18, 1912. The Louisville & Nashville Railroad Company and the Atlantic Coast Line Railroad Company, as lessees of the Georgia Railroad & Banking Company, operating the railroad of the latter, instituted an action for damages against R. S. McGarity. The damages sought to be recovered were based bn an alleged injury to a locomotive engine while drawing a freight-train, on the railroad track.
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Action lor damages. Before Judge Brand. Walton superior court. January 18, 1912. The Louisville & Nashville Railroad Company and the Atlantic Coast Line Railroad Company, as lessees of the Georgia Railroad & Banking Company, operating the railroad of the latter, instituted an action for damages against R. S. McGarity. The damages sought to be recovered were based bn an alleged injury to a locomotive engine while drawing a freight-train, on the railroad track. The injury resulted from a collision with a freight-car standing on a side-track. The side-track was at a station on the railroad at…
1Opinion of the CourtAtkinson, J.
1. The rule that if the plaintiff by ordinary care could have ] avoided the consequences to himself caused by the defendant’s negliI gence, he is not entitled to recover, is applicable to a case in which, although the negligence of the defendant may not have been actually discovered by the plaintiff, yet it was discoverable by him by the exercise of ordinary care. Central of Georgia R. Co. v. Altaway, 90 Ga. 661 (16 S. E. 956); Western & Atlantic R. Co. v. Ferguson, 113 Ga. 708 (39 S. E. 306, 54 L. R. A. 802); Williams v. Southern R. Co., 126 Ga. 710 (55 S. E. 948). Accordingly, it was not…
2Cases cited9 opinions
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Southern Cotton Oil Co. v. SkipperSupreme Court of Georgia · 1906
- Savannah Electric Co. v. CrawfordSupreme Court of Georgia · 1908
- Williams v. Southern Railway Co.Supreme Court of Georgia · 1906
- Ingram v. Hilton & Dodge Lumber Co.Supreme Court of Georgia · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Davis v. WhitcombCourt of Appeals of Georgia · 1923
- Mason v. FrankelCourt of Appeals of Georgia · 1934
- Georgia Power Co. v. MaxwellCourt of Appeals of Georgia · 1936
- Mitchell v. MullenCourt of Appeals of Georgia · 1932
- Seaboard Air-Line Railway v. DevlinCourt of Appeals of Georgia · 1916
1 more not listed; retrieve them via the Exa API.