Legal Opinion

Berry v. Northeastern Railroad

Supreme Court of Georgia

Decided September 11, 1883PublishedCited by 22 opinions

Railroads. Damages. Negligence. Roads and Bridges. Before Judge Estes. Habersham Superior Court. February Term, 1883. Reported in the decision.

1Opinion of the Court

Hall, Justice.

This was a suit to recover damages for the homicide of the plaintiff's husband, who was killed, while in a state of intoxication, by falling into a cut eighteen or twenty feet deep, in the night-time, on the defendant’s railway. It appears, from the testimony in the case, that the railroad severed a way about eight feet wide, and which had been used by persons residing in the neighborhood, for twenty or thirty years previous to the time in question generally as a foot-way, or by persons riding on horseback, and only occasionally by those riding in carriages on wheels. After the…

2Cases cited4 opinions

  1. Southwestern Railroad v. HankersonSupreme Court of Georgia · 1878
  2. Western & Atlantic Railroad v. StrongSupreme Court of Georgia · 1874
  3. Southwestern Railroad v. JohnsonSupreme Court of Georgia · 1878
  4. Short v. WaltonSupreme Court of Georgia · 1878

3Cited by22 opinions

  1. Southland Butane Gas Co. v. BlackwellSupreme Court of Georgia · 1955
  2. Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
  3. Smith v. WoodCourt of Appeals of Georgia · 1967
  4. Lowe v. PayneSupreme Court of Georgia · 1923
  5. Southern Bell Telephone & Telegraph Co. v. CassinSupreme Court of Georgia · 1900

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