Atlanta, Knoxville & Northern Railway Co. v. Durham
Supreme Court of Georgia
Action for damages. Before Judge Gober. Cherokee-superior court. September term, 1898.- Mrs. Durham was thrown from a buggy and hurt in consequence of the sudden jumping of the horse by which it was drawn, upon the passing of a train immediately after the buggy had crossed over the railroad on a public crossing; and for the injuries thus sustained she brought this action, alleging that the jumping of the horse was caused by his being frightened by the train, and that the…
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Action for damages. Before Judge Gober. Cherokee-superior court. September term, 1898.- Mrs. Durham was thrown from a buggy and hurt in consequence of the sudden jumping of the horse by which it was drawn, upon the passing of a train immediately after the buggy had crossed over the railroad on a public crossing; and for the injuries thus sustained she brought this action, alleging that the jumping of the horse was caused by his being frightened by the train, and that the train was running at a negligent rate of speed, and without compliance on the part of the defendant-with the law as to the…
1Opinion of the CourtFish, J.
1. A careful reading of the record now before us. discloses that the principle announced in Bowen v. Gainesville, Jefferson & Southern R. R. Co., 95 Ga. 688, was directly applicable to the facts brought out on the trial of the case under review ; and it follows, of course, that no error was committed in charging the jury in the exact language of the headnote prepared by this court in that case.
2. It was there expressly ruled that, “ Relatively to a traveler on a public road, driving an animal attached to a vehicle and approaching a railroad-crossing over which he is about to pass, the…
2Cases cited1 opinion
- Bowen v. Gainesville, Jefferson & Southern R. R.Supreme Court of Georgia · 1895
3Cited by5 opinions
- Huckabee v. GraceCourt of Appeals of Georgia · 1934
- Lewis v. PowellCourt of Appeals of Georgia · 1935
- Charleston & Western Carolina Railway Co. v. CampCourt of Appeals of Georgia · 1907
- Georgia Southern & Florida Railway Co. v. ShobeSupreme Court of Georgia · 1914
- Southern Railway Co. v. PughSupreme Court of Georgia · 1915