Atlanta, K. & N. Ry. Co. v. Bryant
| Decision Date | 02 November 1899 |
| Citation | 34 S.E. 350,110 Ga. 247 |
| Parties | ATLANTA, K. & N. RY. CO. v. BRYANT. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. No error requiring a new trial is shown to have been committed in any of the rulings made by the trial judge. The word "measure," as used in the charge in relation to damages, was manifestly, from the context and nature of the expression, meant to be understood as referring to "amount." Railroad Co. v. Burney, 26 S.E. 730, 98 Ga. 2.
2. It is error for the judge on the trial of an action to recover damages against a railroad company for personal injuries occasioned by the running and operation of its trains, to charge the jury that acts not falling within the class below indicated, constitute negligence. Only the commission of those acts which are prohibited by statute, or the omission to do those things which are prescribed by statute, constitute, under such circumstances, negligence per se. Whether the commission of acts other than those so inhibited, or the omission to perform those required, constitutes negligence, is a question of fact, and must be determined by the jury, and not by the judge. Wright v. Railroad Co., 34 Ga. 330; Railroad Co. v. Wyly, 65 Ga. 120; Railroad Co. v. Smith, 3 S.E. 397, 78 Ga. 694; Railroad Co. v. Mozely, 4 S.E. 324, 79 Ga. 463; Railway Co. v. Kane, 18 S.E. 18, 92 Ga. 187; Railroad Co. v. Bussey, 23 S.E. 207, 95 Ga. 584; City of Columbus v. Ogletree, 22 S.E. 709, 96 Ga. 177; Railroad Co. v. Gibson, 25 S.E. 484, 97 Ga. 499.
3. Other than as above indicated, we find no error in the charge of the court.
Error from superior court, Cobb county; G. H. Gober, Judge.
Action by H. M. Bryant against the Atlanta, Knoxville & Northern Railway Company. From a judgment for plaintiff, defendant brings error. Reversed.
Alex & Victor Smith, for plaintiff in error.
Morris & Green, for defendant in error.
Judgment reversed.
To continue reading
Request your trial