Crawford v. Southern Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Beck. City court of Griffin. March term, 1898. It appears from the declaration, that on May 26, 1897, the-plaintiff’s daughter, four and a half years of age, was gathering berries with another child in a cut through which the defendant’s line of railroad runs, within the corporate limits of Griffin. A passenger-train approached, running at a speed of' twenty-five to thirty miles per hour.
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Action for damages. Before Judge Beck. City court of Griffin. March term, 1898. It appears from the declaration, that on May 26, 1897, the-plaintiff’s daughter, four and a half years of age, was gathering berries with another child in a cut through which the defendant’s line of railroad runs, within the corporate limits of Griffin. A passenger-train approached, running at a speed of' twenty-five to thirty miles per hour. Plaintiff’s child in alarm- and agitation ran upon the railroad-track, and was struck by the engine of the train and killed, at a point 200 yards south, of where a street of…
1Opinion of the CourtFish, J.
This case was dismissed upon demurrer in the court below, and the plaintiff excepted. The main contention of the demurrer may be stated as follows: Taking the allegations of the plaintiff’s petition to be true, his child was a trespasser upon the right of way and track of the defendant, and therefore the engineer engaged in running the defendant’s train which killed the child owed it no duty whatever until its presence in a position of peril was discovered by him. It is not alleged in the petition that the engineer saw the child upon or dangerously near the track in time to prevent the…
2Cases cited25 opinions
- Chicago & Northwestern Railway Co. v. DunleavyIllinois Supreme Court · 1889
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
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3Cited by66 opinions
- Southern Railway Co. v. ChatmanSupreme Court of Georgia · 1906
- Ashworth v. Southern Railway Co.Supreme Court of Georgia · 1902
- Davis v. WhitcombCourt of Appeals of Georgia · 1923
- Re: The Assessment of Shares of Stock of the Kanawna Valley BankWest Virginia Supreme Court · 1959
- Fuller v. InmanCourt of Appeals of Georgia · 1912
61 more not listed; retrieve them via the Exa API.