Port Royal & Western Carolina Railway Co. v. Davis
Supreme Court of Georgia
Action for damages. Before Judge Eve. City court of Richmond county. August term, 1894. Davis sued the railroad company for damages resulting from an injury received while engaged as a train-hand in the service of the company and while coupling cars, whereby his right hand was caught and crushed between the bumpers. He obtained a verdict, and defendant’s motion for a new trial was overruled.
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Action for damages. Before Judge Eve. City court of Richmond county. August term, 1894. Davis sued the railroad company for damages resulting from an injury received while engaged as a train-hand in the service of the company and while coupling cars, whereby his right hand was caught and crushed between the bumpers. He obtained a verdict, and defendant’s motion for a new trial was overruled. The declaration alleges, that on February 13, 1891, he was instructed to couple certain, cars, and in carrying out the order, his hand was caught by reason of the link used in coupling being too short…
1Opinion of the Court
Atkinson, Justice.
1. In a suit by an injured employee against a railroad company for injuries resulting from alleged negligence of the company, where it is sought to be shown by way of defense that the plaintiff" is not entitled to recover, because of his own negligence m the premises, it is not error for the presiding judge to refuse to charge the jury, in substance, that if a particular duty was imposed upon the plaintiff" and he failed to perform that duty, or that if the plaintiff" in attempting to discharge the duty committed an error of judgment which resulted in his injury, he could…
2Cited by9 opinions
- Thomas v. StateSupreme Court of Georgia · 1997
- Atlantic Coast Line Railroad v. CoxwellCourt of Appeals of Georgia · 1955
- Estep v. StateCourt of Appeals of Georgia · 1973
- Little v. Southern Railway Co.Supreme Court of Georgia · 1904
- Atlantic Coast Line Railroad v. McLeodCourt of Appeals of Georgia · 1911
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