Bowen v. Gainesville, Jefferson & Southern R. R.
Supreme Court of Georgia
Action for damages. Before Judge Smith. City ■court of Hall county. February term, 1894.
1Opinion of the Court
Lumpkín, Justice.
• The plaintiff’s case was dismissed on the ground that the declaration did not set out a cause of action. It alleged, in substance: He was traveling on a public road which crosses the defendant’s railroad, driving a mule which was unaccustomed to and afraid of engines and trains. The situation of the railroad track with reference to the public road was such as to prevent him from seeing or hearing the cars until he was on the track. He knew the railroad schedule, and that no train was then due or reasonably to be expected; but nevertheless, he exercised all reasonable…
2Cases cited1 opinion
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
3Cited by12 opinions
- Bryson v. Southern Railway Co.Court of Appeals of Georgia · 1908
- Southern Ry. Co. v. KingCourt of Appeals for the Fifth Circuit · 1908
- Lewis v. PowellCourt of Appeals of Georgia · 1935
- Miller ex rel. Carpenter v. EngleMissouri Court of Appeals · 1915
- Central of Georgia Railway Co. v. TribbleSupreme Court of Georgia · 1901
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