Legal Opinion

Atlanta & West Point Railroad v. Haralson

Supreme Court of Georgia

Decided August 14, 1909PublishedCited by 29 opinions

Action for damages. Before Judge Freeman. Troup superior court. March 28, 1908. B. W. Haralson brought suit against the Atlanta & West Point Railroad Company to recover damages for a personal injury.

Read the full summary

Action for damages. Before Judge Freeman. Troup superior court. March 28, 1908. B. W. Haralson brought suit against the Atlanta & West Point Railroad Company to recover damages for a personal injury. He claimed that he was a passenger on board an excursion train returning from Atlanta to Gabbettsville; that he surrendered his ticket to the conductor; that about 8:45 p. m. the agent having charge of the train, “the conductor, as aforesaid, called out Gabbettsville, slacking his train down to a low rate of speed;” that the plaintiff, relying on the announcement of the conductor as to the…

1Opinion of the CourtLumpkin, J.

(After stating the foregoing facts.)

On most of the rulings contained in the headnotes no elaboration is necessary. Complaint was made in regard to the charge of the court on the subject of permanent diminution of capacity to labor, as constituting an element of damages. This point was raised by several grounds i of the motion, two of which will be sufficient to be set out. He charged, “If you find from the evidence that the plaintiff was injured, and that on account of such injuries the plaintiff’s capacity to work has been permanently lessened, then the plaintiff could recover therefor.” He…

2Cases cited8 opinions

  1. Metropolitan Street Railroad v. JohnsonSupreme Court of Georgia · 1892
  2. Powell v. Augusta & Summerville RailroadSupreme Court of Georgia · 1887
  3. Lake Erie & Western Railway Co. v. FixIndiana Supreme Court · 1882
  4. City Council of Augusta v. OwensSupreme Court of Georgia · 1900
  5. Atlanta Street Railroad v. JacobsSupreme Court of Georgia · 1891

3 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Cone v. DavisCourt of Appeals of Georgia · 1941
  2. Hunt v. WilliamsCourt of Appeals of Georgia · 1961
  3. Atlantic Coast Line R. Co. v. OuztsCourt of Appeals of Georgia · 1950
  4. Jones v. HutchinsCourt of Appeals of Georgia · 1960
  5. Munday v. BrissetteCourt of Appeals of Georgia · 1966

24 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API