Thomas v. Central of Georgia Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Johnston. City court of Waynesboro. March 14, 1904. The suit was by the husband and- children of Fannie Thomas, on account of her homicide; and they excepted to the sustaining of a general demurrer. They alleged, that on March 19, 1903, she was struck by .the engine of a passenger-train of the defendaht, at Munnerlyn.
Read the full summary
Action for damages. Before Judge Johnston. City court of Waynesboro. March 14, 1904. The suit was by the husband and- children of Fannie Thomas, on account of her homicide; and they excepted to the sustaining of a general demurrer. They alleged, that on March 19, 1903, she was struck by .the engine of a passenger-train of the defendaht, at Munnerlyn. She had started, in pursuit of her business, from a store on the eastern side of the railroad track to another store on the western side. She followed a footpath .just north of the railroad station, generally and constantly used by the public in…
1Opinion of the CourtSimmons, C. J.
One who deliberately goes upon a railroad track in front of an approaching train, thinking that she can cross before the train reaches her, and miscalculating its speed because she is in front of it, can not recover for injuries resulting from being run down by the train, although the company’s servants may have been negligent in running at a high rate of speed at that point, and also in failing to check the speed of the train at a public roatl which crossed the track between the place where the train was when first seen by the plaintiff and the point at which the injury occurred. The above…
2Cases cited3 opinions
- Central Railroad & Banking Co. v. SmithSupreme Court of Georgia · 1887
- Hopkins v. Southern Railway Co.Supreme Court of Georgia · 1900
- Southern Railway Co. v. BlakeSupreme Court of Georgia · 1897
3Cited by30 opinions
- Moore v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1923
- Laseter v. ClarkCourt of Appeals of Georgia · 1936
- Taylor v. MorganCourt of Appeals of Georgia · 1936
- Bryson v. Southern Railway Co.Court of Appeals of Georgia · 1908
- Howard v. Savannah Electric Co.Supreme Court of Georgia · 1913
25 more not listed; retrieve them via the Exa API.