Central of Georgia Railway Co. v. McClifford
Supreme Court of Georgia
Action for damages. Before Judge Norwood. City court of Savannah. July 18, 1903. This was an action for damages for personal injuries, in which the plaintiff recovered the verdict. The case is here upon exceptions to the overruling of the defendants’s motion for a new trial. The plaintiff was employed ■ by the defendant as a coupler and switchman.
Read the full summary
Action for damages. Before Judge Norwood. City court of Savannah. July 18, 1903. This was an action for damages for personal injuries, in which the plaintiff recovered the verdict. The case is here upon exceptions to the overruling of the defendants’s motion for a new trial. The plaintiff was employed ■ by the defendant as a coupler and switchman. The defendant had a track which ran parallel with the property of the Southern Cotton Oil Company, from which track three or four tracks led into the premises of the Cotton Oil Company. Across one of these tracks the Cotton Oil Company had erected a…
1Opinion of the CourtCobb, J.
(After stating the foregoing facts.) 1. Complaint is made that the court failed to instruct the jury as to the main de*92fense of the defendant, which was that the plaintiff was stationed on the car nearest the gate, that it was his duty to signal the engineer of any obstruction upon the track, and that he failed to give the engineer any warning until the car was so near the gate that it was impossible to stop the train in time to avoid the collision. The judge charged the jury that before the plaintiff could recover it must be shown that he was without fault or negligence; that if he,…
2Cases cited8 opinions
- Chenall v. Palmer Brick Co.Supreme Court of Georgia · 1903
- Central Railroad v. MitchellSupreme Court of Georgia · 1879
- Flanagan v. StateSupreme Court of Georgia · 1898
- Richmond & Danville Railroad v. MitchellSupreme Court of Georgia · 1893
- Southern Mutual Insurance v. HudsonSupreme Court of Georgia · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sims v. SimsSupreme Court of Georgia · 1908
- Atlantic & Birmingham Railway Co. v. JohnsonSupreme Court of Georgia · 1907
- Macon, Dublin & Savannah Railroad v. JoynerSupreme Court of Georgia · 1907
- Central of Georgia Railway Co. v. HarperSupreme Court of Georgia · 1906
- Phillips v. Armour & Co.Supreme Court of Kansas · 1921
11 more not listed; retrieve them via the Exa API.