Georgia Railroad v. Williams
Supreme Court of Georgia
Railroads. Damages. Negligence. Evidence. Roads and Bridges. Before Judge Pottle. Warren Superior Court. October Adjourned Term, 1884. Williams brought suit against the Georgia Railroad for a personal injury, resulting from being run over by a train, laying his damages at $20,000.00. Defendant pleaded the . general issue and a special plea, which was as follows : “ And now comes the defendant, by its attorneys, and says that it is true, as stated in plaintiff’s declaration,…
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Railroads. Damages. Negligence. Evidence. Roads and Bridges. Before Judge Pottle. Warren Superior Court. October Adjourned Term, 1884. Williams brought suit against the Georgia Railroad for a personal injury, resulting from being run over by a train, laying his damages at $20,000.00. Defendant pleaded the . general issue and a special plea, which was as follows : “ And now comes the defendant, by its attorneys, and says that it is true, as stated in plaintiff’s declaration, that plaintiff was injured at the time and place stated in his declaration by the running of defendant’s locomotive and…
1DissentHall, Justice
I am unable to concur with the majority of the court as to the application of the negligence implied from a failure to sound the whistle and check the speed of a train, so as to have it well in hand when approaching the crossing of a public highway over the railroad track, to an intruder on the track, who, at the point of collision, was over two hundred yards beyond the crossing. I think the case of Holmes vs. The Central Railroad, 37 Ga., 593, which was a decision rendered by a full bench, is directly opposed to their view, and that that decision is not at all shaken or in the least modified…
2Cases cited4 opinions
- Central Railroad v. BrinsonSupreme Court of Georgia · 1883
- Holmes v. Central Railroad & Banking Co.Supreme Court of Georgia · 1868
- Sims v. Macon & Western R. R.Supreme Court of Georgia · 1859
- Western & Atlantic Railroad v. MainSupreme Court of Georgia · 1880