Legal Opinion

Payne v. Young

Court of Appeals of Georgia

Decided August 31, 1921No. 12024PublishedCited by 14 opinions

Action for damages; from Habersham superior court — Judge J. B. Jones. November 22, 1920. Application for certiorari was denied by the Supreme Court.

1Opinion of the CourtStephens, J.

1. Evidence that a flagman of a railroad-train, a few minutes after having attended to his duties in going back along a track to flag a train, was seen sitting on the outside of the rails of an adjacent track on the projecting cross-ties, and that shortly after a train had passed over the latter track the flagman was found lying by the track unconscious, with such a wound in his 'head as could have been made by a passing train, warrants the inference that he was injured from being struck by a passing train.

2. Where the right of the injured person to recover against the railroad company is…

2Cited by14 opinions

  1. Atlantic Coast Line Railroad v. ClementsCourt of Appeals of Georgia · 1955
  2. Carroll v. HayesCourt of Appeals of Georgia · 1958
  3. Lumbermen's Underwriting Alliance v. JessupCourt of Appeals of Georgia · 1959
  4. Ledford v. StateCourt of Appeals of Georgia · 1954
  5. Atlanta Baggage & Cab Co. v. Atlanta Taxicabs, Inc.Court of Appeals of Georgia · 1961

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