Pitts v. Florida Central & Peninsular Railroad
Supreme Court of Georgia
Action for damages. Before Judge MacDouell. City-court of Savannah. 'May term, 1895. Pitts sued the railroad company for personal injuries sustained by him while in its employment as a fireman on a locomotive. Pie was nonsuited; to which ruling, and to the refusal of the court to permit him to testify in support of an amendment he made at the trial, he excepted.
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Action for damages. Before Judge MacDouell. City-court of Savannah. 'May term, 1895. Pitts sued the railroad company for personal injuries sustained by him while in its employment as a fireman on a locomotive. Pie was nonsuited; to which ruling, and to the refusal of the court to permit him to testify in support of an amendment he made at the trial, he excepted. The declaration alleges, that the company negligently permitted the engine on which he was employed to become unsafe, in that the drawbar or coupling necessary to connect the tender to the engine had, from long and constant use and…
1Opinion of the Court
Atkinson, Justice.
The facts are stated in the official report.
1. It may be assumed, from reading the evidence, that the jury might properly have found that the defendant was negligent. The question whether the plaintiff was himself guilty of contributory negligence, and as a consequence baired from recovery, he being an employee, is *660likewise a question of fact, and turns upon whether the defect complained of was so apparent, and the use of the defective appliance was so manifestly dangerous, that the plaintiff knew, or by the exercise of ordinary diligence could have known, not only of the…
2Cases cited2 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Lackey v. Georgia Home InsuranceSupreme Court of Georgia · 1871
3Cited by9 opinions
- Georgia Cotton Oil Co. v. JacksonSupreme Court of Georgia · 1901
- Walker v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1933
- Penn v. Georgia Southern & Florida Railway Co.Supreme Court of Georgia · 1908
- Gunn v. WillinghamSupreme Court of Georgia · 1900
- Cone v. American Surety Co.Court of Appeals of Georgia · 1923
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