Western & Atlantic Railroad v. Abbott
Supreme Court of Georgia
Railroads. Damages. Negligence. Before Judge Dorsey. City Court of Atlanta. December Term, 1884. To the report contained in the decision, it is only necessary to add that the following were among the grounds of the motion for a new trial in this case : (I.) Because the -verdict was contrary to law and evidence.
Read the full summary
Railroads. Damages. Negligence. Before Judge Dorsey. City Court of Atlanta. December Term, 1884. To the report contained in the decision, it is only necessary to add that the following were among the grounds of the motion for a new trial in this case : (I.) Because the -verdict was contrary to law and evidence. (2.) Because the court erred in charging the jury as follows : “ As I have used the term ‘ extraordinary diligence,’ it is proper that you should know what that means. Extraordinary diligence is that extreme care and caution which very prudent and thoughtful persons use in securing and…
1Opinion of the Court
Lumpkin, Judge.
The plaintiff below, W. R. Abbott, was a passenger on a train of the Western and Atlantic Railroad Company, which left Atlanta at 5 o’clock p. m., October 15th, 1881. This train reached Acworth, the station at which he was to leave it, after dark and behind time. At this station, it met another passenger train going towards Atlanta, and took a side track for that purpose, leaving the main line *854and another track between it and the depot. The down passenger train came in on this main line. According to the plaintiff’s testimony, there was an embankment on the right side of the…
2Cited by8 opinions
- Atlanta Oculoplastic Surgery, P.C. v. NestlehuttSupreme Court of Georgia · 2010
- Driscoll v. Board of Regents of the University SystemCourt of Appeals of Georgia · 2014
- Georgia Southern & Florida Railway Co. v. ThorntonSupreme Court of Georgia · 1915
- Sanders v. Southern Railway Co.Supreme Court of Georgia · 1899
- City of Rome v. FordCourt of Appeals of Georgia · 1913
3 more not listed; retrieve them via the Exa API.