Fraser v. Charleston & Savannah Railway
Supreme Court of Georgia
Damages. Negligence. Railroads. Non-suit. Before Judge Harden. City Court of Savannah. November Adjourned Term, 1884. William Fraser and his wife, Julia Ann Fraser, brought suit against the Charleston and Savannah Railway Company to recover for an injury done to the wife while standing near the track of the defendant, by being bit by a heavy piece of wood, which “ dropped, fell and was thrown ” from the train upon her.
Read the full summary
Damages. Negligence. Railroads. Non-suit. Before Judge Harden. City Court of Savannah. November Adjourned Term, 1884. William Fraser and his wife, Julia Ann Fraser, brought suit against the Charleston and Savannah Railway Company to recover for an injury done to the wife while standing near the track of the defendant, by being bit by a heavy piece of wood, which “ dropped, fell and was thrown ” from the train upon her. It was alleged that the piece of wood was necessary for fuel for the engine, and was being carried for that purpose, and the injury resulted from the negligent, reckless and…
1Opinion of the Court
Hall, Justice.
This is certainly a doubtful, if not a very weak, case for the recovery of damages, in consequence of an injury alleged to have been done by an employé of the railroad company, charged with being negligent in the perform*225anee of his duty connected with the running of defendant’s train. The evidence is not clear upon several points essential to a recovery. It is somewhat doubtful whether the plaintiff was injured by a person on board the defendant’s train, or the train of another company, both of which used the same track; circumstances in proof render it more probable that it was…
2Cases cited1 opinion
- Vickers v. Atlanta & West Point RailroadSupreme Court of Georgia · 1879
3Cited by3 opinions
- Savannah Electric Co. v. WheelerSupreme Court of Georgia · 1907
- Smith v. Central Railroad & Banking Co.Supreme Court of Georgia · 1889
- Holland v. Georgia Southern & Florida Railway Co.Court of Appeals of Georgia · 1925