Shaw v. Georgia Railroad
Supreme Court of Georgia
Action for damages. Before Judge Holden. Oglethorpe superior court. January 16, 1906. The petition alleged, that the plaintiff’s husband, Henry Shaw, W'hile passing near and along tbe defendant’s railroad, “was seized by an unnatural and violent stupor, which rendered Mm insensible,” and, while in that condition, he sat on the edge of a cross-tie on the track, where, without fault on his part, he was struck and killed by a locomotive of the defendant, pulling a train going…
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Action for damages. Before Judge Holden. Oglethorpe superior court. January 16, 1906. The petition alleged, that the plaintiff’s husband, Henry Shaw, W'hile passing near and along tbe defendant’s railroad, “was seized by an unnatural and violent stupor, which rendered Mm insensible,” and, while in that condition, he sat on the edge of a cross-tie on the track, where, without fault on his part, he was struck and killed by a locomotive of the defendant, pulling a train going east; that the place at which he was killed was about 500 yards east of tbe village of Arnoldsville, and within 400 yards…
1Opinion of the CourtAtkinson, J.
1. In view of the evidence in this case upon the question of frequent use of the railroad track at the particular place of the homicide, by pedestrians as a pathway, known to the defendant company, we think, as a question of fact, it should have been submitted to the jury to say whether or not the use was shown to exist to such an extent as to require those operating the cars of the defendant to anticipate the presence of persons on the track. If the evidence was such as to require them to anticipate the presence of pedestrians on the track, then they were bound to use ordinary care to avoid…
2Cases cited6 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Southern Railway Co. v. ChatmanSupreme Court of Georgia · 1906
- Crawford v. Southern Railway Co.Supreme Court of Georgia · 1899
- Ashworth v. Southern Railway Co.Supreme Court of Georgia · 1902
- Bullard v. Southern Railway Co.Supreme Court of Georgia · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Western & Atlantic Railroad v. ReedCourt of Appeals of Georgia · 1926
- Western & Atlantic Railroad v. YorkSupreme Court of Georgia · 1907
- Louisville & Nashville Railroad v. RogersSupreme Court of Georgia · 1911
- Macon & Birmingham Railway Co. v. ParkerSupreme Court of Georgia · 1907
- Southern Railway Company v. Mrs. Mary I. CampbellCourt of Appeals for the Fifth Circuit · 1963
28 more not listed; retrieve them via the Exa API.