Southern Ry. Co. v. Smith
Court of Appeals for the Fifth Circuit
In Error to tbe Circuit Court of tbe United States for tbe Western Division of tbe Southern District of Georgia. Tbe following statement of tbe case, made bj plaintiff in error, is full, and covers all of tbe important allegations in tbe pleadings and testimony: “On April 14, 1896, Perry 0. Smith filed his suit against the Southern Railway Company in the United States circuit court for the Southern district of Georgia, Western division, alleging that on September 16, 1895,…
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In Error to tbe Circuit Court of tbe United States for tbe Western Division of tbe Southern District of Georgia. Tbe following statement of tbe case, made bj plaintiff in error, is full, and covers all of tbe important allegations in tbe pleadings and testimony: “On April 14, 1896, Perry 0. Smith filed his suit against the Southern Railway Company in the United States circuit court for the Southern district of Georgia, Western division, alleging that on September 16, 1895, plaintiff was in Eastman, Ga., and intended to take the' 2:30 p. m. south-bound train; that he left the business part of…
1Opinion of the Court
SWAYNE, District Judge.
The case comes to tins court upon writ of error containing 21 separate specifications founded upon 15 special requests by defendant to charge, which the court refused, and upon exceptions to the charge as given by the court. The first error we would notice upon the record is that in which the court treated the plaintiff below as a passenger, and charged the jury that the defendant below owed him extraordinary care and diligence as such passenger. We think plaintiff below was not a passenger in the contemplation of *294law. He was not upon the train, had not been to the…
2Cases cited13 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Smith v. Central Railroad & Banking Co.Supreme Court of Georgia · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
- Rattie v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1927
- Tucker v. Chicaco & Grand Trunk Railway Co.Michigan Supreme Court · 1899
- Farley v. Cincinnati, H. & D. R. Co.Court of Appeals for the Sixth Circuit · 1901
- Rivera Maldonado v. Central Pasto Viejo, Inc.Supreme Court of Puerto Rico · 1932
5 more not listed; retrieve them via the Exa API.