Atlantic Coast Line Railroad v. Weir
Cases that cite this one
8 later published cases cite this decision.
- Birmingham Railway, Light & Power Co. v. Aetna Accident & Liability Co. (Ala. 1913)
- City of La Junta v. Dudley (Colo. 1927)
- St. Louis, B. & M. Ry. Co. v. Price (Tex. Comm'n App. 1925)
- Moore v. Hart (Ky. Ct. App. 1916)
- Derr v. Chicago, Milwaukee & St. Paul Railway Co. (Wis. 1916)
- Jackson v. Ohio Electric Railway Co. (Darke County Court of Common Pleas 1916)
- Armstead v. Lounsberry (Minn. 1915)
- Stovall v. Corey Highlands Land Co. (Ala. 1914)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
070rehearing
On Rehearing.
— Even if the plaintiff was a trespasser upon the public highway in operating thereon an unlicensed motor vehicle, the statute quoted in the opinion makes the defendant railroad company “liable for any
On this record it cannot be said as matter of law that the defendant did exercise all ordinary care and diligence to prevent the injury to the plaintiff’s automobile; and as it was apparent that the damages were not apportioned as required by the statute, the judgment was reversed. If on proper proceedings it be shown that the defendant did exercise all ordinary and reasonable care and diligence required by the circumstances of the case, there can under the statute be no recovery. If negligence of both parties appears the statute requires that “the damages shall be diminished or increased by the jury in proportion to the amount of de fault attributable to” the plaintiff.
Rehearing denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.