Macon Railway & Light Co. v. Barnes
Supreme Court of Georgia
Action for damages. Before Judge Hodges. City court of Macon. June 10, 1904. The plaintiff, an old man, accompanied by an elderly woman, was driving in a buggy on the Houston road, outside of the city limits of Macon, between 9 and 10 o’clock on the night of March 23, 1903. There was no moon, but. the stars were shining.
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Action for damages. Before Judge Hodges. City court of Macon. June 10, 1904. The plaintiff, an old man, accompanied by an elderly woman, was driving in a buggy on the Houston road, outside of the city limits of Macon, between 9 and 10 o’clock on the night of March 23, 1903. There was no moon, but. the stars were shining. The street-railroad track was laid on the right side of the road in the direction the plaintiff was driving, leaving a roadway 18 or 19 feet wide on the left but no space on the right of the track. The right wheels of the buggy were on the railroad track. A car approached on…
1Opinion of the CourtFish, P. J.
1. The defendant operated a street-railroad in the . city of Macon and some of the adjacent suburbs. The plaintiff was driving in his buggy longitudinally on the defendant’s track, in a public highway beyond the city limits, when one of the defendant’s cars, came in collision with the buggy, resulting in the alleged injuries and damages for which he sued. On the trial the defendant’s counsel requested the court to charge the jury-that “the street-railway company, at the place where the alleged injury to the plaintiff is alleged to have occurred, had the superior right of way.” The court…
2Cases cited7 opinions
- Metropolitan Street Railroad v. JohnsonSupreme Court of Georgia · 1892
- Richmond & Danville Railroad v. HowardSupreme Court of Georgia · 1887
- Black v. ThorntonSupreme Court of Georgia · 1860
- Holston v. Southern Railway Co.Supreme Court of Georgia · 1902
- Insurance Co. v. LeaderSupreme Court of Georgia · 1904
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3Cited by24 opinions
- Indianapolis Street Railway Co. v. MarschkeIndiana Supreme Court · 1906
- Person v. StateSupreme Court of Georgia · 1976
- Teague v. KeithSupreme Court of Georgia · 1959
- Sarman v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1924
- Georgia Railroad v. StanleyCourt of Appeals of Georgia · 1928
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