East Tenn., Va. & Ga. Railway Co. v. Miller

Lumpkin, Justice.

1. Under section 2067 of the code, carriers of passengers are required to exercise extraordinary care and diligence to protect the lives and persons of their passengers, and are not liable for personal injuries after having used such diligence. Under this section there certainly can be no doubt that if a railroad company fails to exercise this degree of diligence for the safety of its passengers, it will be liable for injuries occasioned because of such failure to a passenger who himself exercised the proper care for his own protection.

Section 3038 of the code makes a…