Legal Opinion

Whelan v. Georgia Midland & Gulf Railroad

Supreme Court of Georgia

Decided March 1, 1890PublishedCited by 4 opinions

Railroads. Negligence. Gharge of court. Verdict Practice. Before Judge Smith. Muscogee superior court. November adjourned term, 1888. Reported in the decision. cited Code, §§2067, 3368 ; 67 Ga. 307, 468; 58 Ga. 468 ; 71 Ga. 22 ; Rwy. Ac. L. §§110, 220 8 Am. Rep. 508 ; 10 Id. 332; 37 Id. 385 ; 40 Id. 228; 41 Id. 337; 99 Am. Dec. 287. cited Code, §§2972, 3034; 78 Ga. 35 ; 82 Ga. 229; 81 Ga. 476 ; 80 Ga. 212; 76 Ga. 333 ; 66 Ga. 746; 50 Ga. 353 ; 67 Ga. 306 ; 45 Ga. 288.

1Opinion of the Court

Simmons, Justice.

Whelan brought his action against the defendant for *507damages on account of a personal injury, which, he alleged he sustained by the negligence of its servants. It appears from the record that at Columbus, Georgia, when on his way home from Alabama to Butler, Georgia, he took by mistake the defendant’s train, instead of the Central railroad train as he had intended. After going a few yards, he discovered he was on the wrong train, and requested the defendant’s servants to stop the train so that he might get off; but instead of their doing so, he alleges, they ordered him to get…

2Cited by4 opinions

  1. Simmons v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1904
  2. Hoylman v. Kanawha & Michigan Ry. Co.West Virginia Supreme Court · 1909
  3. Western & Atlantic Railroad Co. v. GoodwinSupreme Court of Georgia · 1898
  4. Dabbs v. Rome Railway & Light Co.Court of Appeals of Georgia · 1915

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