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Thomas v. Central of Georgia Railway Co.

48 S.E. 683, 121 Ga. 38, 1904 Ga. LEXIS 6
CourtSupreme Court of Georgia
DecidedOctober 15, 1904
StatusPublished
Cited by30 cases

This text of 48 S.E. 683 (Thomas v. Central of Georgia 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
Thomas v. Central of Georgia Railway Co., 48 S.E. 683, 121 Ga. 38, 1904 Ga. LEXIS 6 (Ga. 1904).

Opinion

Simmons, C. J.

One who deliberately goes upon a railroad track in front of an approaching train, thinking that she can cross before the train reaches her, and miscalculating its speed because she is in front of it, can not recover for injuries resulting from being run down by the train, although the company’s servants may have been negligent in running at a high rate of speed at that point, and also in failing to check the speed of the train at a public roatl which crossed the track between the place where the train was when first seen by the plaintiff and the point at which the injury occurred. The above facts being set out in a declaration, a demurrer thereto was properly sustained; for it is clear, from the allégations made, that the plaintiff, by the exercise of ordinary care, could have avoided the -injury. See Hopkins; Pe-rs. Inj., §77; Central R. Co. v. Smith, 78 Ga. 694; Southern Ry. Co. v. Blake, 101 Ga. 217 ; Hopkins v. So. Ry. Co., 110 Ga. 85.

Judgment affirmed.

All the Justices concur. Brinson & Davis, for plaintiffs. Lawton & Qwmingham and 8. H. Jones, for defendant.

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Bluebook (online)
48 S.E. 683, 121 Ga. 38, 1904 Ga. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-central-of-georgia-railway-co-ga-1904.