Barton v. Southern Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Wrigbt. Eloyd superior court. August 5, 1908. Barton brought his action against the Southern Railway Company. The defendant filed .a general demurrer, which wa,s overruled. After the plaintiff had presented his evidence and closed, the court sustained a motion for nonsuit. Both of the parties excepted.
Read the full summary
Action for damages. Before Judge Wrigbt. Eloyd superior court. August 5, 1908. Barton brought his action against the Southern Railway Company. The defendant filed .a general demurrer, which wa,s overruled. After the plaintiff had presented his evidence and closed, the court sustained a motion for nonsuit. Both of the parties excepted. The substantial averments of the petition are as follows: The defendant’s line of railway crossed the Rome and Summerville public road at a point in the city of Rome about a mile from the court-house, upon a trestle about twelve or fifteen feet above the bed of…
1Opinion of the CourtEvans, P. J.
1. The first ground of negligence alleged is the failure on the part of the servants of defendant in charge of the train to observe the blow-post law, as embodied in the Civil Code, §2222. In the ease of McElroy v. Georgia, C. & N. Ry. Co., 98 Ga. 257 (25 S. E. 439), it was held that this section of the code had no application “where the track of the railway company crossed the public highway upon a bridge or trestle above the latter.” This ruling was by a divided court, and the plaintiff asks us to review and overrule the ruling there made. We are satisfied that the decision of the majority…
2Cases cited4 opinions
- Favor v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1874
- Georgia Railroad v. CarrSupreme Court of Georgia · 1885
- Gay v. GaySupreme Court of Georgia · 1899
- McElroy v. Georgia, C. & N. Railway Co.Supreme Court of Georgia · 1896
3Cited by6 opinions
- Huckabee v. GraceCourt of Appeals of Georgia · 1934
- Central of Georgia Railway Co. v. TapleySupreme Court of Georgia · 1916
- Shiver v. TiftSupreme Court of Georgia · 1915
- Louisville & Nashville Railroad v. RobertsCourt of Appeals of Georgia · 1910
- Seaboard Air-Line Railway v. BlackwellSupreme Court of Georgia · 1915
1 more not listed; retrieve them via the Exa API.