Macon & Western R. R. v. Winn
Supreme Court of Georgia
Action for damages, in Bibb Superior Court. Tried before Judge Powers, November Term, 1855. This action was brought by Malinda Winn, a minor, about 8 years of age, by her next friend, vs. The M. & W. R. R. for damages done to the plaintiff, by the engine and cars of’ defendant. It appeared, that plaintiff’s mother and her four children were in a carriage drawn by two mules and driven by a negro man.
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Action for damages, in Bibb Superior Court. Tried before Judge Powers, November Term, 1855. This action was brought by Malinda Winn, a minor, about 8 years of age, by her next friend, vs. The M. & W. R. R. for damages done to the plaintiff, by the engine and cars of’ defendant. It appeared, that plaintiff’s mother and her four children were in a carriage drawn by two mules and driven by a negro man. That being near the crossing of the railroad, and hearing the cars, Mrs. Winn directed the negro to wait till the train passed. He said he could cross before it reached the spot, and endeavored to…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Our judgment in this case is, that it was error in the Court not to have given the third charge, as requested by Counsel for the defendant; and that a new trial, on that ac*442count, should be granted. It contains, We think, the law 'which should control this case.
When the case of the Macon & Western Rail Road Co. against Davis, was before this Court last August, the great question then argued and decided was, to what degree of diligence the company was bound? The Circuit Judge had held, that the utmost diligence would alone excuse the company ;…
2Cases cited2 opinions
- Branan v. MaySupreme Court of Georgia · 1855
- Washburn v. TracySupreme Court of Vermont · 1824
3Cited by15 opinions
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- Smith v. American Oil CompanyCourt of Appeals of Georgia · 1948
- Brunswick & Western Railroad v. WigginsSupreme Court of Georgia · 1901
- Weightsville & Tennille Railroad v. GorntoSupreme Court of Georgia · 1907
- Southern Railway Co. v. BlakeSupreme Court of Georgia · 1897
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