Payne v. Hayes
Court of Appeals of Georgia
Action for damages; from city court of Atlanta — Judge Reid. May 24, 1920. The action was for the killing of a 15-year-old son of the plaintiff by a train of the Atlanta and West Point Railroad Company when he was sitting on its track in a street of the city of Atlanta. The action was originally against the railroad company, but by amendment “the Director General of Railroads, operating” the railroad was substituted as defendant.
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Action for damages; from city court of Atlanta — Judge Reid. May 24, 1920. The action was for the killing of a 15-year-old son of the plaintiff by a train of the Atlanta and West Point Railroad Company when he was sitting on its track in a street of the city of Atlanta. The action was originally against the railroad company, but by amendment “the Director General of Railroads, operating” the railroad was substituted as defendant. The petition as amended alleges, in substance, that on July 25, 1918, the plaintiff’s son was walking along the defendant’s tracks near the intersection of the…
1Opinion of the CourtSmith, J.
1. Whether the frequent and continued use of the right of way of the railroad at the point where the deceased met his death was such as to require the railroad company to anticipate the presence of pedestrians on or near the track, and whether, with such- notice and resulting duty, ordinary care was exercised on the part of the railroad company, are questions of fact for determination by a jury. Central of Georgia Ry. Co. v. Thompson, ante, 715 (104 S. E. 515), and cit.
2. While it is true that a railroad-track is a place of danger, and one who trespasses thereon is guilty of negligence, yet…
2Cases cited1 opinion
- Central of Georgia Railway Co. v. ThompsonCourt of Appeals of Georgia · 1920
3Cited by6 opinions
- Ellis v. Southern Railway Co.Court of Appeals of Georgia · 1953
- McRae v. SearsSupreme Court of Georgia · 1936
- Annis v. Georgia Power Co.Court of Appeals of Georgia · 1931
- Central of Georgia Railway Co. v. BridwellCourt of Appeals of Georgia · 1925
- Hammontree v. Southern Railway Co.Court of Appeals of Georgia · 1935
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