Central R. & Banking Co. of Georgia v. Newman
| Decision Date | 25 June 1894 |
| Citation | 21 S.E. 219,94 Ga. 560 |
| Parties | CENTRAL RAILROAD & BANKING CO. OF GEORGIA v. NEWMAN. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. Where the injury complained of was the result of mutual negligence by the plaintiff's servant and the defendant, there can be no re covery, unless the servant was less in fault than the defendant.
2. When the defendant's wrongful act was not only a failure in diligence, but was willful, or so grossly negligent as to be wanton and reckless, the mere failure of the plaintiff or his servant in the exercise of ordinary care will not defeat a recovery.
Error from city court of Macon; J. P. Ross, Judge.
Action by M. Newman against the Central Railroad & Banking Company. Plaintiff had judgment, and defendant brings error. Reversed.
R. F. Lyon, Steed & Wimberly, and John R. Cooper, for plaintiff in error.
Jas. A. Thomas and Benj. B. White, for defendant in error.
Judgment reversed.
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