Western & Atlantic Railroad v. Bryant
Supreme Court of Georgia
Action for damages. Before Judge Eite. . Whitfield superior court. November 14, 1904. The question presented for determination in this case is whether or not the court below erred in overruling' a demurrer interposed by the defendant railroad company to the plaintiff’s petition as amended.
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Action for damages. Before Judge Eite. . Whitfield superior court. November 14, 1904. The question presented for determination in this case is whether or not the court below erred in overruling' a demurrer interposed by the defendant railroad company to the plaintiff’s petition as amended. The facts alleged were substantially as follows: On February 15,1904, the plaintiff, J. T. Bryant, was employed by the company to work under one of its foremen, McFarland, on push and lever cars, and to do track work about two miles south of Dalton, the plaintiff being one of a crew working under McFarland…
1Opinion of the CourtEvans, J.
(After stating the facts.) That the employees of the defendant railroad company were guilty of acts of negligence is not controverted; it is insisted that such acts were not the proximate cause of the injury. What are the facts alleged bearing on this question ? Assuming, for the present, that the plaintiff was not guilty of contributory negligence, it appears, (1) that the negligence of the defendant’s train crew in approaching at a rapid rate the cars being operated by the section gang, notwithstanding *81notice of its whereabouts had previously been given to the engineer, brought about the…
2Cases cited8 opinions
- Southern Railway Co. v. WebbSupreme Court of Georgia · 1902
- Missouri, Kansas & Texas Railway Co. v. RogersTexas Supreme Court · 1897
- Mayor of Macon v. DykesSupreme Court of Georgia · 1898
- Western & Atlantic Railroad v. BaileySupreme Court of Georgia · 1898
- Lundeen v. Livingston Electric Light Co.Montana Supreme Court · 1895
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3Cited by13 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Savannah Electric Co. v. WheelerSupreme Court of Georgia · 1907
- Hulsey v. HightowerCourt of Appeals of Georgia · 1931
- Cain v. Georgia Power Co.Court of Appeals of Georgia · 1936
- Letton v. KitchenSupreme Court of Georgia · 1928
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