Supreme Court of Georgia, 1900

Barber v. East & West Railroad

Supreme Court of Georgia · Decided May 16, 1900 · Little

111 Ga. 838; 36 S.E. 50; 1900 Ga. LEXIS 796

Cases that cite this one

4 later published cases cite this decision.

Atlantic Greyhound Corp. v. Loudermilk (5th Cir. 1940)
Steggell v. Salt Lake & U. R. (Utah 1917)
Athens Railway & Electric Co. v. McKinney (Ga. Ct. App. 1915)
Slaughter v. Slaughter (Ga. Ct. App. 1970)

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.

Opinion of the Court

Little, J.

Inasmuch as it was apparent from the evidence of the plaintiff that he could, by the exercise of ordinary care, have avoided not only the injury, but the consequences to himself of the negligence of the defendant, even if such negligence was shown, he was not entitled to recover, and the nonsuit was properly awarded. Civil Code, § 3830; Perry v. Macon Consolidated Street Railroad Co., 101 Ga. 400.

Judgment affirmed.

All the Justices concurring, except Pish, J., absent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.