Atlanta Street Railroad v. Walker
Supreme Court of Georgia
Action for damages. Before Judge Marshall J. Clarke. Fulton superior court. March term, 1893. Walker sued the railroad company for personal injuries, and obtained a verdict. The company’s motion for a new trial was overruled. Plaintiff alleged, that he was employed as a drayman to haul a heavy piece of machinery, and in so doing, was proceeding out Peach-tree street in Atlanta, in the center of which ran defendant’s track.
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Action for damages. Before Judge Marshall J. Clarke. Fulton superior court. March term, 1893. Walker sued the railroad company for personal injuries, and obtained a verdict. The company’s motion for a new trial was overruled. Plaintiff alleged, that he was employed as a drayman to haul a heavy piece of machinery, and in so doing, was proceeding out Peach-tree street in Atlanta, in the center of which ran defendant’s track. It becoming necessary for him to cross, the same to avoid the rush of travel, he proceeded carefully to drive across, when, by reason of defendant having negligently…
1Opinion of the Court
Bleckley, Chief Justice.
1. The negligence' alleged in the declaration against the defendant, the street railroad company, was in not properly paving and keeping in repair the interior portions of its street railroad track; in allowing and permitting great ruts and holes therein, near the iron railings thereof; and in maintaining and allowing the said iron railings greatly above the adjoining interior of said track, whereby the rear wheels of plaintiff’s dray were thrown around, and he greatly injured and damaged. *464The court admitted evidence, the plaintiff himself being the- witness, tnat “…
2Cases cited1 opinion
- Roche v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1887
3Cited by48 opinions
- Powell v. StateSupreme Court of Georgia · 1897
- Atlanta, Knoxville & Northern Railway Co. v. GardnerSupreme Court of Georgia · 1905
- Cone v. DavisCourt of Appeals of Georgia · 1941
- Palmer Brick Co. v. ChenallSupreme Court of Georgia · 1904
- Shawnee-Tecumseh Traction Co. v. GriggsSupreme Court of Oklahoma · 1915
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