Central Railroad & Banking Co. v. Dixon
Supreme Court of Georgia
Damages. Railroad Companies. Before Judge Robinson. Wilkinson. April Term, 1870. Dixon brought case against said company for injuries done to him by running its car over him, etc. The evidence showed that, at Gordon, where the road from Milledgeville joins the road from Savannah, the train was standing in the usual place, after dark, taking wood and water. The public road was blocked up by the train, and the train also stood across the usual crossing for foot passengers.
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Damages. Railroad Companies. Before Judge Robinson. Wilkinson. April Term, 1870. Dixon brought case against said company for injuries done to him by running its car over him, etc. The evidence showed that, at Gordon, where the road from Milledgeville joins the road from Savannah, the train was standing in the usual place, after dark, taking wood and water. The public road was blocked up by the train, and the train also stood across the usual crossing for foot passengers. Dixon, wishing to cross the track, got under the train for that purpose; this he did twice; the second time the train…
1Opinion of the CourtMcCay, J.
In the case of Johnson vs. The Macon & Western Railroad Company, reported in 38th Georgia, 433, this Court held that section 2921 of the Code applied as well to railroads as to individuals. That section provides, that if the plaintiff, by the exercise of ordinary care, could have avoided the consequences to himself of the defendant’s negligence, he cannot recover. Ordinary care is defined by section 2034 of the Revised Code to be that care and diligence which a prudent man exercises in his affairs.
Can it for a moment be contended that the act of the plaintiff, in attempting to crawl under the…
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