Collier v. Georgia Railroad
Supreme Court of Georgia
Railroads. Roads and Bridges. Fences. Before Judge Clarke. City Court of Atlahta. December Term, 1884. On February 20, 1884, Emma F. Collier brought an action to recover damages from the Georgia Railroad, alleging, in brief, as follows: At a certain point in the city of Atlanta, a street or highway, located on the right-of-way of the defendant, runs alongside of it, and so near to a cut or excavation on the railroad as to render it an act of negligence not to fence it in or…
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Railroads. Roads and Bridges. Fences. Before Judge Clarke. City Court of Atlahta. December Term, 1884. On February 20, 1884, Emma F. Collier brought an action to recover damages from the Georgia Railroad, alleging, in brief, as follows: At a certain point in the city of Atlanta, a street or highway, located on the right-of-way of the defendant, runs alongside of it, and so near to a cut or excavation on the railroad as to render it an act of negligence not to fence it in or put guards along it. The plaintiff was driving upon this road, when her horse and buggy “ ran into and was thrown from…
1Opinion of the Court
Blandford, Justice.
The question made'by this record is, whether a railroad company is bound, under the law, to fence in or place guards around and along a cut or excavation through which its track runs, when there is a street or road running par • allel with the railroad.
It is insisted by-the eminent counsel who argued this case for plaintiff in error, that a railroad company owes this duty to the public, and they cite as authority to sustain this position, sections 706 and 707 of the Code. These sections are taken from the acJ‘ of 1838, and when viewed, it will be seen that they refer alone…
2Cited by5 opinions
- King v. Central of Georgia Railway Co.Supreme Court of Georgia · 1899
- Greenfield v. WatsonCourt of Appeals of Georgia · 1936
- Poole v. Southern Railway Co.Court of Appeals of Georgia · 1925
- Nashville, Chattanooga & St. Louis Ry. Co. v. CookSupreme Court of Georgia · 1933
- Autry v. Southern Railway Co.Court of Appeals of Georgia · 1924