Georgia Pac. Ry. Co. v. Richardson

• Decision Date: 11 July 1888
• Parties: GEORGIA PAC. RY. Co. v. RICHARDSON.
• Court: Georgia Supreme Court

7 S.E. 119

80 Ga. 727

GEORGIA PAC. RY. Co. v. RICHARDSON.

Supreme Court of Georgia

July 11, 1888

Error from superior court, Fulton county; MARSHALL J. CLARKE Judge.

The following is the declaration referred to in the opinion:

The petition of S. R. Richardson shows that the Georgia Pacific Railway Company, a corporation duly incorporated, has damaged him in the sum of $5,000, by reason of the following facts On the 6th day of June, 1884, late in the evening, your petitioner was on the track of defendant, at the Trickajack trestle, in said state; he was knocked therefrom and injured by the running of defendant's locomotive and cars; and plaintiff further charges that this was without fault or negligence on his part, and was due to the negligence of defendant in running at too great rate of speed, and neglecting to ring its bell or blow its whistle as a warning to him, and in failing to have a good head-light, and in not checking speed of the train. Plaintiff carefully listened for an approaching train before he undertook to cross the bridge or trestle, but heard none. The trestle on bridge was so constructed that with safety plaintiff could have dropped down between the beams. The train of defendant approached from behind plaintiff. The universal custom of defendant was to blow its whistle just before reaching this place. This it failed to do. The plaintiff could have been seen from the engine for a considerable distance before the engine struck him. By said accident your petitioner's back and legs were injured. He was otherwise bruised. He incurred an expense of $100 for doctor's bills, nursing, and medicine. He has lost totally three months of time, and his capacity to earn money has been permanently diminished one-third. At the time of said accident your petitioner was 36 years old, and was able to earn from three to eight dollars per day. Your petitioner has suffered, still suffers and will continue to suffer great pain. Wherefore, etc.

Hopkins & Glenn, for plaintiff in error.

Hoke & Burton Smith, for defendant in error.

SIMMONS J.

Richardson brought his action against the Georgia Pacific Railway Company for personal injuries. The declaration is fully set out in the statement. The defendant demurred to the declaration, on the ground that it did not set out a sufficient cause of action. The demurrer was overruled, and the defendant excepted.

We think the court erred in overruling this de...