Legal Opinion

Central of Georgia Railway Co. v. Stamps

Court of Appeals of Georgia

Decided January 24, 1934No. 23014PublishedCited by 16 opinions

1Opinion of the CourtJenkins, P. J.

1. No question is presented, as in Buffington v. Atlanta, Birmingham & Coast R. Co., 47 Ga. App. 85 (169 S. E. 756), as to the combining in one count of the petition of charges of ordinary negligence and wilful and wanton misconduct.

2. Under tlie allegations of the petition, the deceased was a trespasser at the time he was struck by the defendant’s train, approaching from his front on its side-track, when he stepped on that track to avoid being struck by another train coming from his rear on the adjoining main track. Central of Ga. Ry. Co. v. Tapley, 145 Ga. 792 (3) (89 S. E. 841) ; Gulf Line…

2Cases cited15 opinions

  1. Western & Atlantic Railroad v. MichaelSupreme Court of Georgia · 1932
  2. Ashworth v. Southern Railway Co.Supreme Court of Georgia · 1902
  3. Lowe v. PayneSupreme Court of Georgia · 1923
  4. Central of Georgia Railway Co. v. TapleySupreme Court of Georgia · 1916
  5. Atlantic Coast Line Railroad v. FulfordSupreme Court of Georgia · 1925

10 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Pollard v. PhelpsCourt of Appeals of Georgia · 1937
  2. Dodson v. Southern Railway Co.Court of Appeals of Georgia · 1937
  3. Southern Railway Co. v. LomaxCourt of Appeals of Georgia · 1942
  4. Pollard v. ToddCourt of Appeals of Georgia · 1940
  5. Southern Railway Co. v. KelleyCourt of Appeals of Georgia · 1935

11 more not listed; retrieve them via the Exa API.

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