Supreme Court of Georgia, 1895

Cain v. Macon Consolidated Street Railroad

Cain v. Macon Consolidated Street Railroad
Supreme Court of Georgia · Decided July 29, 1895 · Simmons
97 Ga. 298; 22 S.E. 918
Cain v. Macon Consolidated Street Railroad

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

Simmons, C. J.

The evidence introduced hy the plaintiff showing clearly that, even if the defendant was negligent at all, the plaintiff, after its negligence began, might hy the exercise of ordinary care easily have avoided being injured, he was not entitled to recover. The court was therefore right in granting a nonsuit. ' Judgment affirmed.

Grace & J ones, for plaintiff. Bacon & Miller, for defendant.

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