Legal Opinion

Russell v. Central of Georgia Railway Co.

Supreme Court of Georgia

Decided March 4, 1904PublishedCited by 17 opinions

Action for damages. Before Judge Reid. City court of Atlanta. June 18, 1903. on first count: 2 Thomp. Neg. §§ 1597, 1598, 1694; 4 Mackey, 138; 16 Vt. 177 (31 Atl. 186); 49 Fed. 814. On second count: Civil Code, § 2321; Bliss on Code PI. (3d ed.) § 211 (a); 59 L. R. A. 209-277. cited, Ga. B. 42/327; 87/491; 94/332; 105/48; 117/767; 109/104; 83/88, 268.

1Opinion of the CourtCobb, J.

The petition contains two counts. The first count alleges that the defendant, a railway company, caused a public crossing to be obstructed by a very long freight-train, which extended several hundred feet on each side of the crossing into the darkness; that the crossing was obstructed for fifteen or twenty minutes; that it was necessary for the plaintiff, in the discharge of a business duty, to go along the street which was obstructed, and that after waiting about fifteen minutes he “ undertook to go between the train, in plain view of everybody, and the defendant’s watchman employed upon the…

2Cases cited4 opinions

  1. Andrews v. Central Railroad & Banking Co.Supreme Court of Georgia · 1890
  2. Miller v. Merchants & Miners Transportation Co.Supreme Court of Georgia · 1902
  3. Sims v. Western & Atlantic RailroadSupreme Court of Georgia · 1900
  4. Faulk v. Central Railroad & Banking Co.Supreme Court of Georgia · 1893

3Cited by17 opinions

  1. Frazier v. Southern Railway CompanySupreme Court of Georgia · 1946
  2. Palmer Brick Co. v. ChenallSupreme Court of Georgia · 1904
  3. Kemp v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
  4. Mann v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1931
  5. Central of Georgia Railway Co. v. WeathersSupreme Court of Georgia · 1904

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