Legal Opinion

Central of Georgia Railway Co. v. McKey

Court of Appeals of Georgia

Decided September 23, 1913No. 4851PublishedCited by 13 opinions

Action for damages; from city court of Forsyth — Judge Cabaniss. March 29, 1913.

1Opinion of the CourtRussell, J.

1. A railroad company,. relatively to a person not upon or approaching a public crossing, is under no duty to comply with the statutory requirements as to giving signals and checking the speed of its train; and the failure to comply with such requirements is not, as to such a person, negligence for which damages may be recovered. Atlanta & Charlotte Air-Line Ry. Co. v. Gravitt, 93 Ga. 369 (4), (20 S. E. 550, 26 L. R. A. 553, 44 Am. St. R. 145).

2. A driver of an automobile who undertakes to cross a railroad elsewhere than at a public crossing can not recover for injuries to the automobile,…

2Cases cited3 opinions

  1. Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
  2. Brunswick & Western Railroad v. WigginsSupreme Court of Georgia · 1901
  3. Macon Railway & Light Co. v. CargerCourt of Appeals of Georgia · 1908

3Cited by13 opinions

  1. Davis v. WhitcombCourt of Appeals of Georgia · 1923
  2. Huckabee v. GraceCourt of Appeals of Georgia · 1934
  3. Moore v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1923
  4. Western & Atlantic Railroad v. ReedCourt of Appeals of Georgia · 1925
  5. O'Donnelly v. StaplerCourt of Appeals of Georgia · 1925

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