Smalls v. Southern Railway Co.
Cases that cite this one
2 later published cases cite this decision.
- Butler v. Atlanta Buggy Co. (Ga. Ct. App. 1911)
- McDonnell v. Central of Georgia Railway Co. (Ga. 1903)
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
It was, under the evidence in this case, exceedingly doubtful whether the plaintiff’s injuries resulted from the defective condition of the defendant’s locomotive, as alleged in his petition; but even upon the assumption that a defect existed which caused the injuries complained of, the judgment of nonsuit was right, for the plaintiff’s own testimony demanded a finding that he was fully aware of the existence of the defect and voluntarily and deliberately assumed the risk of being hurt in consequence thereof.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.