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Grady v. Georgia Railroad & Banking Co.

37 S.E. 861, 112 Ga. 668, 1901 Ga. LEXIS 47
CourtSupreme Court of Georgia
DecidedJanuary 26, 1901
StatusPublished
Cited by19 cases

This text of 37 S.E. 861 (Grady v. Georgia Railroad & Banking Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grady v. Georgia Railroad & Banking Co., 37 S.E. 861, 112 Ga. 668, 1901 Ga. LEXIS 47 (Ga. 1901).

Opinion

Simmons, C. J.

1. In a railroad yard in which there are several tracks in continuous use for the purpose of storing and switching cars and making up trains and the like, and where the dangerous character of the place is manifest and obvious, there can be no implied license to the public to cross the tracks either through open spaces casually left between the cars or under or over the cars. In order to render the company liable for injury caused to a person who was passing between two cars in such a yard, and whose presence and danger were unknown to the agents and employees of the company, there must be proof of an express license from the company, Central R. Co. v. Rylee, 87 Ga. 491; 3 Elliott, Railroads, § 1258.

2. Under such circumstances, the company owed to the injured person no duty except not to hurt him wilfully or negligently after he was discovered or his danger known. Rome R. Co. v. Tolbert, 85 Ga. 447.

Judgment affirmed.

All the Justices concurring.

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Bluebook (online)
37 S.E. 861, 112 Ga. 668, 1901 Ga. LEXIS 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grady-v-georgia-railroad-banking-co-ga-1901.