Albany & Northern Railway Co. v. Wheeler

Court of Appeals of Georgia

Albany & Northern Railway Co. v. Wheeler

59 S.E. 1116, 3 Ga. App. 414, 1908 Ga. App. LEXIS 164

CourtCourt of Appeals of Georgia

DecidedJanuary 15, 1908

Docket800

StatusPublished

Cited by1 cases

This text of 59 S.E. 1116 (Albany & Northern Railway Co. v. Wheeler) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Albany & Northern Railway Co. v. Wheeler, 59 S.E. 1116, 3 Ga. App. 414, 1908 Ga. App. LEXIS 164 (Ga. Ct. App. 1908).

Pincite

Opinion

Powell, J.

A railroad company is bound to use only ordinary care and diligence to prevent the communication of sparks from its locomotives. An instruction which is fairly susceptible to the criticism that it tended to mislead the jury into believing that the railway company was required to have its locomotives equipped with a spark-arrester “of the latest approved pattern in general use” is erroneous. In the case at bar, the state of the pleadings and the ehai’ge, taken as a whole, do not, as they did in the case of Alabama Midland Ry. Co. v. Guilford, 119 Ga. 526 (46 S. E. 655), render the error harmless. See Atlanta & Birmingham Air-Line Railway v. McManus, 1 Ga. App. 303 (5 a), 307 (58 S. E. 258), and cases therein cited.

Judgment reversed.

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Powell, J.

A railroad company is bound to use only ordinary care and diligence to prevent the communication of sparks from its locomotives. An instruction which is fairly susceptible to the criticism that it tended to mislead the jury into believing that the railway company was required to have its locomotives equipped with a spark-arrester “of the latest approved pattern in general use” is erroneous. In the case at bar, the state of the pleadings and the ehai’ge, taken as a whole, do not, as they did in the case of Alabama Midland Ry. Co. v. Guilford, 119 Ga. 526 (46 S. E. 655), render the error harmless. See Atlanta & Birmingham Air-Line Railway v. McManus, 1 Ga. App. 303 (5 a), 307 (58 S. E. 258), and cases therein cited.

Judgment reversed.

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Bluebook (online)

59 S.E. 1116, 3 Ga. App. 414, 1908 Ga. App. LEXIS 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albany-northern-railway-co-v-wheeler-gactapp-1908.

Opinion

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