Freeman v. Collins Park & Belt Railroad
Supreme Court of Georgia
Action for damages. Before Judge Reid. City court of Atlanta. February 1, 1902. The plaintiff was a passenger on a trolley-car at night, and was injured by the car leaving the track and running against a wall.
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Action for damages. Before Judge Reid. City court of Atlanta. February 1, 1902. The plaintiff was a passenger on a trolley-car at night, and was injured by the car leaving the track and running against a wall. He alleged that the railroad company was negligent, in that the brake-chain was not securely fastened to the brake-rod, and the brake-rod was not in proper condition; that the motorman and conductor failed to apply the brake or reverse the car or stop it, and the conductor pulled the trolley from the wire; that the car was permitted to run at an unsafe rate of speed; that the outside…
1Opinion of the CourtFish, J.
B. F. Freeman sued the Collins Park ■& Belt Railroad Company for damages for personal injuries alleged to have been sustained by him by the running of the defendant’s car while he was a passenger thereon. There was a verdict for the defendant, and the case is here upon a bill of exceptions sued out by the plaintiff, assigning error upon the overruling of his motion for a new trial. One ground of the motion for a new trial was, that the court erred in charging as follows: “ The effect of the plea, gentlemen, is to put the burden of proof on the plaintiff, the party bringing the suit, to show…
2Cases cited1 opinion
- Killian v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1896
3Cited by2 opinions
- Murphy v. Georgia Railway & Power Co.Supreme Court of Georgia · 1916
- Howard v. Georgia RailroadCourt of Appeals of Georgia · 1920