Legal Opinion

Johnston v. Richmond & Danville Railroad

Supreme Court of Georgia

Decided March 25, 1895PublishedCited by 18 opinions

Action for damages. Before Judge Hutchins. Clarke superior court. April term, 1894.

1Opinion of the Court

Atkinson, Justice.

1. In this ease the suit was brought by the plaintiff, he being an employee, against the company, for injuries alleged to have resulted from the negligence of coemployees in and about the running and operating of the same train by which he was himself injured. Such being the case, the trial judge charged the jury that in order to entitle the plaintiff to recover, two things are necessary: first, he must show negligence on the part of the company, or its agents or employees; second, the absence of negligence on his part contributing to the occasion or cause of the injury…

2Cases cited4 opinions

  1. Metropolitan Street Railroad v. PowellSupreme Court of Georgia · 1892
  2. Western & Atlantic Railroad v. VandiverSupreme Court of Georgia · 1890
  3. Central Railroad & Banking Co. v. SmallSupreme Court of Georgia · 1888
  4. Georgia Railroad v. BryansSupreme Court of Georgia · 1886

3Cited by18 opinions

  1. Bryant v. StateSupreme Court of Georgia · 1941
  2. Flemister v. Central Georgia Power Co.Supreme Court of Georgia · 1913
  3. Quattlebaum v. StateSupreme Court of Georgia · 1904
  4. State Highway Department v. WillisCourt of Appeals of Georgia · 1962
  5. Bixby v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1898

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