Atlantic Coast Line Railroad v. Thomas

72 S.E. 514, 10 Ga. App. 45, 1911 Ga. App. LEXIS 639
CourtCourt of Appeals of Georgia
DecidedNovember 7, 1911
Docket3510
StatusPublished
Cited by3 cases

This text of 72 S.E. 514 (Atlantic Coast Line Railroad v. Thomas) 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
Atlantic Coast Line Railroad v. Thomas, 72 S.E. 514, 10 Ga. App. 45, 1911 Ga. App. LEXIS 639 (Ga. Ct. App. 1911).

Opinion

Powell, J.

This case is on all fours with the case of Georgia Railroad Co. v. Wall, 80 Ga. 202 (7 S. E. 639), so far as controlling principles are concerned. The chief physical difference between the two cases is that in the case cited the engineer’s vision was obscured by fog, while in the case at bar it was obscured by falling rain and the natural accumulation of mist on the. front window of the cab. The law expects railroad companies to run their passenger-trains on schedule, so far as they may be able to do so; and they are not ordinarily required, when it is foggy or raining, to reduce their trains to such a rate of speed as that the engineer may be in a position to discover live stock on the track in time to prevent injuring them.

Judgment reversed.

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Related

Atlantic Coast Line Railroad Company v. Sears
56 S.E.2d 129 (Court of Appeals of Georgia, 1949)
Atlantic Coast Line Railroad v. Hodges
54 S.E.2d 500 (Court of Appeals of Georgia, 1949)
Bugg v. Huffman
127 S.E. 657 (Court of Appeals of Georgia, 1925)

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Bluebook (online)
72 S.E. 514, 10 Ga. App. 45, 1911 Ga. App. LEXIS 639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-coast-line-railroad-v-thomas-gactapp-1911.