Legal Opinion

Riley v. Central of Georgia Railway Co.

Court of Appeals of Georgia

Decided September 6, 1966No. 42188Published

1Opinion of the Court

Pannell, Judge.

1. Though a standing railway train be an unauthorized obstruction of a public crossing, a person attempting to pass between the cars, if injured thereby in consequence of a sudden movement of the train, cannot recover unless the engineer, conductor, or some other person having control of the train’s movements, knew of his attempt to cross or had notice of his exposure to danger. The failure to have someone at the crossing, in the absence of an allegation that such a person at the crossing would be in position to signal or inform those in control of the train’s movements, would…

2Cases cited3 opinions

  1. Andrews v. Central Railroad & Banking Co.Supreme Court of Georgia · 1890
  2. Russell v. Central of Georgia Railway Co.Supreme Court of Georgia · 1904
  3. Gibbs v. Georgia Southern & Florida Railway Co.Court of Appeals of Georgia · 1934

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