Legal Opinion

Atlantic Coast Line Railroad Company v. Sears

Court of Appeals of Georgia

Decided November 1, 1949No. 32555Published

1Opinion of the Court

1. "A railroad company is not required to slow up or to check its trains when an animal is seen near the track in a place of safety, unless the animal is apparently approaching the track, or there is apparent danger that, through fright or otherwise, it will get on the track. Only when the engineer sees, or by the exercise of ordinary diligence could see, that an animal in proximity to the track is in danger of getting on it in front of the moving train is he charged with the duty of exercising all reasonable diligence to check the train and to avoid killing or injuring the animal." Augusta…

2Cases cited7 opinions

  1. Seaboard Air-Line Railway Co. v. FountainSupreme Court of Georgia · 1931
  2. Augusta Southern Railroad v. CarrollCourt of Appeals of Georgia · 1909
  3. Georgia Power Co. v. BraswellCourt of Appeals of Georgia · 1934
  4. Atlantic Coast Line Railroad v. MartinCourt of Appeals of Georgia · 1949
  5. Gainesville Midland Railroad Co. v. FloydCourt of Appeals of Georgia · 1946

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API