Western & A. It. Co v. Vaughan At Al

• Decision Date: 27 April 1901
• Court: Georgia Supreme Court
• Parties: WESTERN & A. It. CO. v. VAUGHAN at al.

38 S.E. 851

113 Ga. 354

WESTERN & A. It. CO.

v.VAUGHAN at al.

Supreme Court of Georgia.

April 27, 1901.

WITNESS—IMPEACHMENT—RAILROADS— NEGLIGENCE.

1. A witness cannot be impeached by proving association with a man of bad character.

2. Upon the trial of an action against a railroad company for personal injuries, it was error for the court to charge that certain facts would constitute negligence on the part of the defendant; the facts stated not being such as are made by law to constitute negligence per se. Railway Co. v. Bryant, 34 S. E. 350, 110 Ga. 247.

3. The standard of decision for ordinary diligence or negligence is what an ordinarily prudent man would do under the same circumstances, and not what the injured person thought was proper, or did in good faith. Harris v. Railroad Co., 3 S. E. 355, 78 Ga. 536; Coleman v. Allen, 5 S. E. 204, 79 Ga. 637; Cotton-Oil Co. v. Jackson, 37 S. E. 873, 112 Ga. 620.

4. Other than as herein indicated, there was no material error in any of the rulings of which complaint was made.

(Syllabus by the Court.)

Error from superior court, Catoosa county; A. W. Fite, Judge.

Action by Carrie Vaughan and others against the Western & Atlantic Railroad Company. Judgment for plaintiffs, and defendant brings error. Reversed.

Payne & Tye and R. J. & J. McCamy, for plaintiff in error.

O. T. Ladson and Shumate & Maddox, for defendants in error.

PER CURIAM. Judgment reversed.