McEwen v. Central of Georgia Railway Co.
Cases that cite this one
3 later published cases cite this decision.
- David Baker and Lee J. Baker v. The American Insurance Company of Newark, New Jersey (4th Cir. 1963)
- Matthews v. Southern Railway Co. (Ga. Ct. App. 1917)
- Indiana Union Traction Co. v. Long (Ind. 1911)
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
The plaintiff claimed damages resulting from the derailment of a hand-ear, the derailment being brought about by a tool falling from the car to the track. If the tool was upon the ear in an improper position, this fact was apparent to the plaintiff, who was riding thereon and who had helped load the same. Under these conditions there could be no recovery by him resulting from the improper loading of the car. On the other hand, if the tool was properly loaded and nevertheless fell from the car, the occurrence was a pure accident, a thing entirely unexpected and not to be anticipated in the usual course of events, and could not be the foundation for an action against the company. Freyermuth v. South Bound Railroad Co., 107 Ga. 31; B. & W. R. Co. v. Smith, 97 Ga. 777.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.