Hambright v. Western & Atlantic Railroad
Cases that cite this one
12 later published cases cite this decision.
- Petroleum Carrier Corporation v. Snyder (5th Cir. 1947)
- City of Villa Rica and Southern Natural Gas Company v. Mrs. Marie Couch and Mrs. Eva Broom, Southern Natural Gas Company v. Mrs. Winnie Leathers Dyer (5th Cir. 1960)
- English v. Georgia Power Co. (Ga. Ct. App. 1941)
- Pollard v. Todd (Ga. Ct. App. 1940)
- Powell v. Dupree (Ga. Ct. App. 1936)
- Humphries v. Southern Railway Co. (Ga. Ct. App. 1935)
- Abbercrombie v. Maryland Casualty Co. (Ga. Ct. App. 1930)
- Central of Georgia Railway Co. v. Tapley (Ga. 1916)
- Charleston & Western Carolina Railway Co. v. Johnson (Ga. Ct. App. 1907)
- Southern Railway Co. v. Chatman (Ga. 1906)
- Kendrick v. Seaboard Air-Line Railway (Ga. 1905)
- Hall v. Western & Atlantic Railroad (Ga. 1905)
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
1. The affirmative and positive testimony of witnesses as to the actual facts of a particular occurrence can not be overcome by testimony which is negative in character, or consists of mere opinions.
2. As to a trespasser walking upon the track of a railroad, the duty of observing ordinary care and diligence for his protection does not devolve upon the company’s servants in charge of a train until his presence upon the track becomes known to them. Atlanta Ry. Co. v. Leach, 91 Ga. 419; Atlanta Ry. Co. v. Gravitt, 93 Ga. 369.
3. Applying the above rules to the evidence in the present case, it is manifest that the plaintiff was not entitled to a recovery, and the court, therefore, did not err in directing a verdict for the defendant.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.