Pierce v. Southern Ry. Co.

• Decision Date: 29 November 1910
• Docket Number: 2,610.
• Citation: Pierce v. Southern Ry. Co., 8 Ga.App. 426, 69 S.E. 494 (Ga. App. 1910)
• Parties: PIERCE v. SOUTHERN RY. CO.
• Court: Georgia Court of Appeals

69 S.E. 494

8 Ga.App. 426

PIERCE v. SOUTHERN RY. CO.

No. 2,610.

Court of Appeals of Georgia

November 29, 1910

Syllabus by the Court.

While the standard of care required of children is "due care" according to age and capacity, it is not reversible error, in a clear case, for the court to instruct the jury, where the injured child was 15 years old at the time of the injury, that if the child, by the exercise of "ordinary care," could have avoided the consequences of the defendant's negligence, there could be no recovery. It is hardly probable that the jury was misled by the rather shadowy distinction between "due care" and "ordinary care," or thought that "ordinary care" in the case was a higher measureof prudence than "due care."

The foregoing is the only error of law complained of, and the evidence supports the verdict.

Error from City Court of Floyd County; H. Hamilton, Judge.

Action by M. J. Pierce against the Southern Railway Company. Judgment for defendant, and plaintiff brings error. Affirme...