Smith v. Atlantic Coast Line Railroad
Court of Appeals of Georgia
Action for damages, from city court- of Waycross — Judge Myers. June 10, 1908. On November 21, 1905, the plaintiff, while standing in front of the defendant’s passenger station at Waycross, was severely injured bjr the explosion of two railway torpedoes run over by a passing locomotive. He was intending to take a train for Jacksonville,. Florida, which, according to the published schedule, left Waycross: at 6:20 a. m., but which he thought left at 6 o’clock.
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Action for damages, from city court- of Waycross — Judge Myers. June 10, 1908. On November 21, 1905, the plaintiff, while standing in front of the defendant’s passenger station at Waycross, was severely injured bjr the explosion of two railway torpedoes run over by a passing locomotive. He was intending to take a train for Jacksonville,. Florida, which, according to the published schedule, left Waycross: at 6:20 a. m., but which he thought left at 6 o’clock. He had spent, the night sitting up with a sick friend near the station. At about; 4:30 o’clock he left the friend’s house and walked…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. Much of the discussion of the case by counsel has been upon the point as to whether the presumption of negligence attached to thé defendant upon proof that the plaintiff was injured by the explosion of a torpedo run over by the engine. Our Civil Code, *221§2321, provides for a presumption of negligence against railway companies where the damage is done “by the running of the locomotives or ears or other machinery, or . . by any person in the employment and service of such companies.” The presumption relates only to the particular acts of negligence set out…
2Cases cited6 opinions
- Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907
- Georgia Railway & Electric Co. v. ReevesSupreme Court of Georgia · 1905
- Hubbard v. Macon Railway & Light Co.Court of Appeals of Georgia · 1908
- Greene v. Central of Georgia Railway Co.Supreme Court of Georgia · 1908
- Southern Railway Co. v. Rosenheim & SonsCourt of Appeals of Georgia · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Western & Atlantic Railroad v. HughesSupreme Court of the United States · 1929
- Sinkovitz v. Peters Land Co.Court of Appeals of Georgia · 1909
- Mills v. Central of Georgia Railway Co.Supreme Court of Georgia · 1913
- Western & Atlantic Railroad v. LochridgeCourt of Appeals of Georgia · 1929
- Georgia Railway & Power Co. v. HowellCourt of Appeals of Georgia · 1922
5 more not listed; retrieve them via the Exa API.