Legal Opinion

Howard v. Savannah Electric Co.

Supreme Court of Georgia

Decided August 13, 1913PublishedCited by 26 opinions

Action for damages. Before Judge Charlton. Chatham superior court. April 3, 1912. Mrs. Belle Strong Howard instituted an action against the Savannah Electric Company to recover damages for the alleged wrongful killing of her husband, Charles M. Howard, by the running of its cars.

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Action for damages. Before Judge Charlton. Chatham superior court. April 3, 1912. Mrs. Belle Strong Howard instituted an action against the Savannah Electric Company to recover damages for the alleged wrongful killing of her husband, Charles M. Howard, by the running of its cars. The petition alleged, in substance, that as Howard was proceeding east on the south side of Bolton street in the City of Savannah, and was proceeding across Whitaker street and across the tracks of the defendant company, which are about the middle of the street, a car of the defendant struck and killed him; that the…

1Opinion of the CourtHill, J.

(After stating the foregoing facts.) The decision in the case of Thomas v. Central Railway Co., 121 Ga. 38 (48 S. E. 683), is relied upon by the defendant as controlling in this case. This court there held: “One who deliberately goes upon a railroad track in front of an approaching train, thinking that she can cross before the train reaches her, and miscalculating its speed because she is in front of it, can not recover for injuries resulting from being run down by the train, although the company’s servants may have been negligent in running at a high rate of speed at that point, and also in…

2Cases cited6 opinions

  1. Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
  2. Williams v. Southern Railway Co.Supreme Court of Georgia · 1906
  3. Western & Atlantic Railroad v. YorkSupreme Court of Georgia · 1907
  4. Thomas v. Central of Georgia Railway Co.Supreme Court of Georgia · 1904
  5. Lavier v. Central RailroadSupreme Court of Georgia · 1883

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

3Cited by26 opinions

  1. Southern Railway Co. v. SlatonCourt of Appeals of Georgia · 1930
  2. Davis v. WhitcombCourt of Appeals of Georgia · 1923
  3. Eubanks v. MullisCourt of Appeals of Georgia · 1935
  4. Hotel Equipment Co. v. LiddellCourt of Appeals of Georgia · 1924
  5. Bussey v. DawsonSupreme Court of Georgia · 1968

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

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