Hambright v. Western & Atlantic Railroad
Supreme Court of Georgia
Action for damages. Before Judge Fite. Catoosa superior court. February term, 1900.
1Opinion of the CourtLewis, J.
1. The affirmative and positive testimony of witnesses as to the actual facts of a particular occurrence can not be overcome by testimony which is negative in character, or consists of mere opinions.
2. As to a trespasser walking upon the track of a railroad, the duty of observing ordinary care and diligence for his protection does not devolve upon the company’s servants in charge of a train until his presence upon the track becomes known to them. Atlanta Ry. Co. v. Leach, 91 Ga. 419; Atlanta Ry. Co. v. Gravitt, 93 Ga. 369.
3. Applying the above rules to the evidence in the present case, it is…
2Cases cited2 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Atlanta & Charlotte Air-Line Railway Co. v. LeachSupreme Court of Georgia · 1893
3Cited by13 opinions
- Southern Railway Co. v. ChatmanSupreme Court of Georgia · 1906
- Central of Georgia Railway Co. v. TapleySupreme Court of Georgia · 1916
- Charleston & Western Carolina Railway Co. v. JohnsonCourt of Appeals of Georgia · 1907
- English v. Georgia Power Co.Court of Appeals of Georgia · 1941
- Kendrick v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1905
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