Southern Railway Co. v. Hogan
Supreme Court of Georgia
Action for damages. Before Judge Kimsey. Habersham superior court. February 7, 1907. Hogan brought two suits against the Southern Railway Company, for damages, one being for personal injuries to himself, and the other.for injuries to his wagon, harness, and team, all caused by the same acts of alleged negligence of the defendant. The cases were consolidated and tried as one.
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Action for damages. Before Judge Kimsey. Habersham superior court. February 7, 1907. Hogan brought two suits against the Southern Railway Company, for damages, one being for personal injuries to himself, and the other.for injuries to his wagon, harness, and team, all caused by the same acts of alleged negligence of the defendant. The cases were consolidated and tried as one. A. verdict was rendered for the plaintiff, and a writ of error sued out by the defendant brings under review the overruling of its motion for a new trial. According to plaintiff’s testimony and that of other witnesses…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.)
Under the evidence in this case, viewed in the light most favorable to the plaintiff, we think it clear that a verdict in his behalf was wholly unwarranted. That no person can recover damages from a railroad company for injuries to himself or his property, where the same are caused by his own negligence, or where by ordinary care he could have avoided the consequences to himself caused by the company’s negligence, are familiar declarations of our Civil Code (§§2322, 3830) which have been applied by this court in a great number of cases. We will refer to…
2Cases cited10 opinions
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Steele v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
- City of Columbus v. GriggsSupreme Court of Georgia · 1901
- Samples v. City of AtlantaSupreme Court of Georgia · 1894
- Mansfield v. RichardsonSupreme Court of Georgia · 1903
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3Cited by40 opinions
- Southland Butane Gas Co. v. BlackwellSupreme Court of Georgia · 1955
- Palmer v. StevensCourt of Appeals of Georgia · 1967
- Smith v. American Oil CompanyCourt of Appeals of Georgia · 1948
- Taylor v. MorganCourt of Appeals of Georgia · 1936
- Durrett v. FarrarCourt of Appeals of Georgia · 1973
35 more not listed; retrieve them via the Exa API.