Louisville & Nashville Railroad v. Stafford
Supreme Court of Georgia
Action for damages. Before Judge Patterson. Cherokee 'superior court. September 25, 1915. Stafford brought suit against the Louisville and Nashville Bail-road Company, for damages on account of injuries to Ms person and to his automobile, caused by a collision at a public street crossing in Canton, Georgia. The petition alleged that the crossing was at street grade in a very populous section of that city, and was used constantly by pedestrians as well as drivers of vehicles.
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Action for damages. Before Judge Patterson. Cherokee 'superior court. September 25, 1915. Stafford brought suit against the Louisville and Nashville Bail-road Company, for damages on account of injuries to Ms person and to his automobile, caused by a collision at a public street crossing in Canton, Georgia. The petition alleged that the crossing was at street grade in a very populous section of that city, and was used constantly by pedestrians as well as drivers of vehicles. On the morning of the 11th of May, 1914, as the plaintiff was just upon and attempting to go over this crossing, the…
1Opinion of the CourtAtkinson, J.
1. Error is assigned on a refusal to charge the jury thus: “If you find from the evidence in this case that the plaintiff did not have his automobile under control, or was operating it at a rate of speed greater than six miles per hour, at the time he approached the railroad crossing, then I charge you that in either event he would not be in the exercise of ordinary care for his safety, and would not be entitled to recover in this case, and your verdict would be for the defendant.” A person can not recover •damages from a railroad company for injury done to himself or his property: (a) when…
2Cases cited3 opinions
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Americus, Preston & Lumpkin Railroad v. LuckieSupreme Court of Georgia · 1891
- Williams v. Southern Railway Co.Supreme Court of Georgia · 1906
3Cited by36 opinions
- Barbara R. Gross v. Southern Railway Company, Nancy Ruth Canipelli v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1969
- Southern Railway Co. v. SlatonCourt of Appeals of Georgia · 1930
- Davis v. WhitcombCourt of Appeals of Georgia · 1923
- Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
- Hotel Equipment Co. v. LiddellCourt of Appeals of Georgia · 1924
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