Smalls v. Southern Railway Co.

Supreme Court of Georgia

Smalls v. Southern Railway Co.

41 S.E. 492, 115 Ga. 137, 1902 Ga. LEXIS 328

CourtSupreme Court of Georgia

DecidedApril 2, 1902

StatusPublished

Cited by2 cases

This text of 41 S.E. 492 (Smalls v. Southern Railway 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

Smalls v. Southern Railway Co., 41 S.E. 492, 115 Ga. 137, 1902 Ga. LEXIS 328 (Ga. 1902).

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Opinion

Lumpkin, P. J.

It was, under the evidence in this case, exceedingly doubtful whether the plaintiff’s injuries resulted from the defective condition of the defendant’s locomotive, as alleged in his petition; but even upon the assumption that a defect existed which caused the injuries complained of, the judgment of nonsuit was right, for the plaintiff’s own testimony demanded a finding that he was fully aware of the existence of the defect and voluntarily and deliberately assumed the risk of being hurt in consequence thereof.

Judgment affirmed.

All the Justices concurring, except Little and Lewis, JJ., absent.

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Lumpkin, P. J.

It was, under the evidence in this case, exceedingly doubtful whether the plaintiff’s injuries resulted from the defective condition of the defendant’s locomotive, as alleged in his petition; but even upon the assumption that a defect existed which caused the injuries complained of, the judgment of nonsuit was right, for the plaintiff’s own testimony demanded a finding that he was fully aware of the existence of the defect and voluntarily and deliberately assumed the risk of being hurt in consequence thereof.

Judgment affirmed.

All the Justices concurring, except Little and Lewis, JJ., absent.

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Bluebook (online)

41 S.E. 492, 115 Ga. 137, 1902 Ga. LEXIS 328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smalls-v-southern-railway-co-ga-1902.

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