Shroeder v. Georgia Railway & Electric Co.
Supreme Court of Georgia
Action for damages. Before Judge Bell. Eulton superior court. January 10, 1913. Mrs. H. M. Shroeder sued the railway company on account of personal injuries sustained by her by reason of one of the defendant’s ears running against her. On the trial, at the conclusion of the evidence introduced by the plaintiff, the court awarded a non-suit ; 'and to this ruling the plaintiff excepted.
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Action for damages. Before Judge Bell. Eulton superior court. January 10, 1913. Mrs. H. M. Shroeder sued the railway company on account of personal injuries sustained by her by reason of one of the defendant’s ears running against her. On the trial, at the conclusion of the evidence introduced by the plaintiff, the court awarded a non-suit ; 'and to this ruling the plaintiff excepted. The circumstances under which the plaintiff’s injuries were received will appear from the following extracts from her testimony. “I now live at 330 Highland Avenue, Atlanta, and on the 14th day of December,…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.) There was evidence which would authorize the jury to find that the defendant company was negligent at the time plaintiff was injured; and the question here for determination is whether, notwithstanding the defendant’s negligence, the plaintiff was guilty of such negligence as to preclude a recovery. As appears from the evidence for the plaintiff, she and her husband at the time they first saw the car which they desired to board were not at the regular stopping-place or on the north side of the street, where they should have been in order to signal and take…
2Cases cited4 opinions
- Atlanta Railway & Power Co. v. OwensSupreme Court of Georgia · 1904
- Howard v. Savannah Electric Co.Supreme Court of Georgia · 1913
- Columbus Railroad v. AsbellSupreme Court of Georgia · 1909
- Harrison v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1910
3Cited by6 opinions
- Laseter v. ClarkCourt of Appeals of Georgia · 1936
- Stukes v. TrowellCourt of Appeals of Georgia · 1969
- Bryant v. Georgia Railway & Power Co.Supreme Court of Georgia · 1926
- Atlantic Coast Line Railroad v. StreetCourt of Appeals of Georgia · 1967
- Bryant v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1925
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