Legal Opinion

Central Railroad & Banking Co. v. Lanier

Supreme Court of Georgia

Decided November 4, 1889PublishedCited by 15 opinions

Railroads. Negligence. Words and phrases. Charge of court. Damages. Verdict. New trial. Before Judge Van Epps. City court of Atlanta. June term, 1889. B. F. Lanier sued the railroad company for damages in crushing his left hand between two car bumpers while he was making a coupling, causing the loss of his second and third fingers and injury to his first.

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Railroads. Negligence. Words and phrases. Charge of court. Damages. Verdict. New trial. Before Judge Van Epps. City court of Atlanta. June term, 1889. B. F. Lanier sued the railroad company for damages in crushing his left hand between two car bumpers while he was making a coupling, causing the loss of his second and third fingers and injury to his first. The evidence showed that he was defendant’s car-coupler, and was making a coupling of the rear car of a train, consisting of a switch-engine and four or five cars, to a stationary car. The crew of the train consisted of himself, the…

1Opinion of the Court

Blandford, Justice.

A verdict was had for the plaintiff; a motion for a new trial was made by the defendant, which was overruled, and the defendant excepted.

*5911. The main ground of complaint is the 6th, which is that the court charged as follows: “The jury is instructed that the foundation proposition which underlies all suits in favor of an employé against a railroad company for personal injuries sustained in the discharge of his duty is this : ‘To make a prima facie case for recovery, the railroad employé suing the company for personal injuries arising from an act in which he participated, must…

2Cited by15 opinions

  1. Elk Cotton Mills v. GrantSupreme Court of Georgia · 1913
  2. Marston v. Pickwick Stages, Inc.California Court of Appeal · 1926
  3. Central of Georgia Railway Co. v. McCliffordSupreme Court of Georgia · 1904
  4. Atlantic Coast Line Railroad v. RylandSupreme Court of Florida · 1905
  5. Barnes Ex Rel. Barnes v. Western Union Telegraph Co.Nevada Supreme Court · 1904

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