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Hambright v. Western & Atlantic Railroad

37 S.E. 99, 112 Ga. 36, 1900 Ga. LEXIS 19
CourtSupreme Court of Georgia
DecidedOctober 27, 1900
StatusPublished
Cited by13 cases

This text of 37 S.E. 99 (Hambright v. Western & Atlantic Railroad) 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
Hambright v. Western & Atlantic Railroad, 37 S.E. 99, 112 Ga. 36, 1900 Ga. LEXIS 19 (Ga. 1900).

Opinion

Lewis, J.

1. The affirmative and positive testimony of witnesses as to the actual facts of a particular occurrence can not be overcome by testimony which is negative in character, or consists of mere opinions.

2. As to a trespasser walking upon the track of a railroad, the duty of observing ordinary care and diligence for his protection does not devolve upon the company’s servants in charge of a train until his presence upon the track becomes known to them. Atlanta Ry. Co. v. Leach, 91 Ga. 419; Atlanta Ry. Co. v. Gravitt, 93 Ga. 369.

3. Applying the above rules to the evidence in the present case, it is manifest that the plaintiff was not entitled to a recovery, and the court, therefore, did not err in directing a verdict for the defendant.

Judgment affirmed.

All the Justices concurring. Action for damages. Before Judge Fite. Catoosa superior court. February term, 1900. Seaborn Wright, W. H. Odell, and Shumate & Maddox, for plaintiff. Payne & Tye and R. J. & J. McCamy, for defendant.

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Cite This Page — Counsel Stack

Bluebook (online)
37 S.E. 99, 112 Ga. 36, 1900 Ga. LEXIS 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hambright-v-western-atlantic-railroad-ga-1900.