Shumate v. Louisville & N. R. Co.
U.S. Circuit Court for the Northern District of Georgia
At Daw. Action for damages. On demurrer to declarations. This suit was brought by the plaintiff against the defendants to recover damages for certain injuries alleged to have been received by the plaintiff while endeavoring to alight from a moving train of the defendant companies, as it was slowing down preparatory to stopping at the station in Atlanta.
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At Daw. Action for damages. On demurrer to declarations. This suit was brought by the plaintiff against the defendants to recover damages for certain injuries alleged to have been received by the plaintiff while endeavoring to alight from a moving train of the defendant companies, as it was slowing down preparatory to stopping at the station in Atlanta. Plaintiff alleges that he was an employs of defendants, but was riding upon defendánts’ train as a passenger, coming from Ingleside to Atlanta; that as the train approached the station in Atlanta, passing through the railroad yards, plaintiff…
1Opinion of the CourtNewman, District Judge
(after stating the facts as above). Under the decision of the Circuit Court of Appeals for this circuit in Illinois Central R. R. Co. v. Warren, 149 Fed. 658, 79 C. C. A. 350, it is clear that this suit cannot be maintained unless the doctrine of comparative negligence, as it exists in Georgia, can be invoked by the plaintiff.
This doctrine of comparative negligence is gathered from two sections of the Civil Code of Georgia of 1895. Section 2322 is in this language:
“No person shall recover damage from a railroad company for injury to himself or property, where the same is done by his consent,…
2Cases cited6 opinions
- Washington & Georgetown Railroad v. Harmon's AdministratorSupreme Court of the United States · 1893
- Suber v. Georgia, Carolina & Northern Railway Co.Supreme Court of Georgia · 1895
- Louisville & Nashville Railroad v. EdmondsonSupreme Court of Georgia · 1907
- Meeks v. Atlantic & Birmingham RailroadSupreme Court of Georgia · 1905
- Blitch v. Central RailroadSupreme Court of Georgia · 1886
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