Wick v. Central of Georgia Railway Co.
Court of Appeals of Georgia
Action for damages; from city court of Savannah — Judge Davis Freeman. December 20, 1911. A general demurrer to the plaintiffs petition was sustained.
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Action for damages; from city court of Savannah — Judge Davis Freeman. December 20, 1911. A general demurrer to the plaintiffs petition was sustained. The petition alleges, in substance, that the plaintiff, while walking .along a designated street of the city of Savannah on his way to his place of work, reached a point where the street was crossed by five tracks of the defendant's railroad, on the second of which was standing a freight-train an eighth of a mile long. ’ It was eleven o'clock at night, but he saw no light on the train, and, after having waited there twenty minutes, during which…
1Opinion of the CourtPottle, J.
As a matter of law, for a grown man in full possession of his faculties to attempt in the nighttime to climb over the bumpers between two ears attached to a long freight-train, without ascertaining whether an engine is attached to the train of cars or is so near to ' them on the track as to be immediately coupled to them, is such gross negligence as will preclude a recovery for injuries received on account of an engine being suddenly backed up against the cars and causing the person attempting to cross to be thrown down upon the track. In such a case the facts that the train was obstructing…
2Cases cited10 opinions
- Brunswick & Western Railroad v. GibsonSupreme Court of Georgia · 1895
- Andrews v. Central Railroad & Banking Co.Supreme Court of Georgia · 1890
- Russell v. Central of Georgia Railway Co.Supreme Court of Georgia · 1904
- Smith v. Savannah, Florida & Western Railway Co.Supreme Court of Georgia · 1890
- Georgia Railroad & Banking Co. v. WilliamsCourt of Appeals of Georgia · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Mann v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1931