Holland v. Sparks
Supreme Court of Georgia
Action for damages. Before Judge Bartlett. Bibb 'superior court. April term, 1893.
1Opinion of the Court
Lumpkin, Justice.
1. [Relatively to one to whom no diligence whatever is due, there can, in legal contemplation, be no negligence at all in causing him a personal injury. Where some degree of diligence is due to another, with reference to his personal safety, failure to observe that degree of diligence will be negligence as to that person. In other words, negligence, relatively to the safety of' any particular person, is the breach of some diligence due to him. When an action is brought for a personal injury, caused by the running of a locomotive or car of a railroad company, the presumption…
2Cases cited1 opinion
- Woolwine's Adm'r v. Ches. & O. R'y Co.West Virginia Supreme Court · 1892
3Cited by27 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Crawford v. Southern Railway Co.Supreme Court of Georgia · 1899
- Davis v. WhitcombCourt of Appeals of Georgia · 1923
- Huckabee v. GraceCourt of Appeals of Georgia · 1934
- Morris v. Florida Central & Peninsular RailroadSupreme Court of Florida · 1901
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