Faulk v. Central Railroad & Banking Co.
Supreme Court of Georgia
Before Judge Miller. Bibb superior court. November term, 1891. Action of Faulk by next friend, for damages from personal injui’ies. The verdict was for the defendant, and the plaintiff’s motion for a new trial was overruled. The head-note sets forth the charge excepted to in one ground of the motion.
1Opinion of the Court
Bleckley, Chief Justice.
In charging the jury as quoted in the head-note, the court assumed that it would be negligence in the boy to climb over the bumpers and pass between the cars at the flagman’s suggestion, if the boy had capacity to know the danger and the intelligence to understand the risk of so doing. If the court referred to the risk and danger which would have been incurred had the flagman said nothing to invite or encourage the boy to climb over the bumpers and pass between the cars, this instruction was irrelevant to the hypothesis with which the court was dealing; and if the…
2Cited by1 opinion
- Russell v. Central of Georgia Railway Co.Supreme Court of Georgia · 1904