Supreme Court of Georgia, 1906

Darien & Western Railroad v. Thomas

Supreme Court of Georgia · Decided July 3, 1906 · Evans

125 Ga. 801; 54 S.E. 692; 1906 Ga. LEXIS 284

Cases that cite this one

4 later published cases cite this decision.

Atlanta Laundries Inc. v. Goldberg (Ga. Ct. App. 1944)
Hamby v. Crisp (Ga. Ct. App. 1934)
Seaboard Air-Line Railway v. Parish (Ga. Ct. App. 1915)
Berry v. Southern Railway Co. (Ga. 1906)

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

Evans, J.

In a suit against a railroad company for killing stock by the running of its locomotive and ears, it is a question of fact for the jury as to whether due diligence would have required the servants in charge of the locomotive to sound the cattle alarm, and whether the alarm if given would have probably averted the killing.

Judgment affirmed.

All the Justices concur, except Fish, G. J., absent.

Certiorari. Before Judge Seabrook. McIntosh superior court. December 6, 1905.

Wyatt deR. Barclay and Robert M. Hitch, for plaintiff in error. Charles M. Tyson, contra.

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