Central Railroad & Banking Co. v. Smith
Supreme Court of Georgia
Railroads. Damages. Negligence. Charge of .Court. Before Judge Richard H. Clark. Clayton Superior-Court. September Term, 1886. Smith brought his action against the Central Railroad to recover damages for a personal injury.
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Railroads. Damages. Negligence. Charge of .Court. Before Judge Richard H. Clark. Clayton Superior-Court. September Term, 1886. Smith brought his action against the Central Railroad to recover damages for a personal injury. On the trial, the evidence for the plaintiff showed, in brief, as follows: On the morning of February 7, 1885, about five o’clock and before daylight, Smith entered Jonesboro, got on the track at a public crossing and started down its center, going to a house about 200 yards distant. When he had gone about sixty-five or seventy yards, the defendant’s passenger train came…
1Opinion of the Court
Bleckley, Chief Justice.
Smith recovered against the Central Railroad Company heavy damages for a personal injury. The railroad company made a motion for a new trial, and it was overruled. One of the grounds of the motion was, that the judge instructed the jury that if there was a failure to check the speed of the train and ring the bell at a crossing within the limits of the town of Jonesboro, it was negligence ; also that a failure to observe an ordinance of the town as to the rate of speed, if they found there was such an ordinance (which question he referred to the jury), would be…
2Cited by69 opinions
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Williams v. GrierSupreme Court of Georgia · 1943
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Georgia Power Company v. BlumCourt of Appeals of Georgia · 1949
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