Cook v. Western & Atlantic Railroad
Supreme Court of Georgia
Non-suit. Negligence. Practice in Superior Court. Railroads. Before Judge BROWN. Whitfield Superior Court. April Term, 1882. Reported in the decision.
1Opinion of the Court
Crawford, Justice.
This suit was brought by the widow of an employé of the defendant for the homicide of her husband.
Upon the conclusion of plaintiff’s evidence, on motion of defendant’s counsel, a non-suit was granted, and the plaintiff excepted.
The-testimony relied upon by the plaintiff was, that as a *620brakeman on defendant’s road, the deceased attempted to ascend a box car from a flat car, to ascertain the cause of fire which he saw flying from one of the car wheels in front of him ; that, in his effort to do this, the spike on the box car broke loose, and in attempting to throw himself back…
2Cases cited2 opinions
- Tison v. YawnSupreme Court of Georgia · 1854
- Zettler v. City of AtlantaSupreme Court of Georgia · 1880
3Cited by5 opinions
- Augusta Factory v. BarnesSupreme Court of Georgia · 1884
- Smith v. Central Railroad & Banking Co.Supreme Court of Georgia · 1889
- Taylor v. Central Railroad & Banking Co.Supreme Court of Georgia · 1888
- Frank v. Atlanta Street RailroadSupreme Court of Georgia · 1884
- Steinhauser v. Savannah, Florida & Western Railway Co.Supreme Court of Georgia · 1903