Supreme Court of Georgia, 1906

Atlantic & Birmingham Railway Co. v. Hattaway

Supreme Court of Georgia · Decided August 17, 1906 · Atkinson

126 Ga. 333; 55 S.E. 21; 1906 Ga. LEXIS 379

Cases that cite this one

1 later published case cites this decision.

Continental Casualty Co. v. Rucker (Ga. Ct. App. 1935)

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

Atkinson, -J.

The negligence claimed was based upon the existence of a “low place” in the track. Whether there was such a place was in issue-both in the pleadings and the evidence. It was therefore error fortlie judge in his charge to assume that there was such a “low place.”

Judgment reversed.

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

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