TaiLexi AI U.S. Case Law

Hambright v. Western & Atlantic Railroad

Hambright v. Western and Atlantic Railroad Company

Hambright v. Western & Atl. R.R., 37 S.E. 99 (Ga. 1900)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Georgia · State Highest Courts
Decided
October 27, 1900
Judges
Lewis
Citations
37 S.E. 99112 Ga. 361900 Ga. LEXIS 19
Summary
Action for damages. Before Judge Fite. Catoosa superior court. February term, 1900.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Lewis

Text extracted by OCR from a scanned original; check the original for exact wording.

Lewis, J.

1. The affirmative and positive testimony of witnesses as to the actual facts of a particular occurrence can not be overcome by testimony which is negative in character, or consists of mere opinions.

2. As to a trespasser walking upon the track of a railroad, the duty of observing ordinary care and diligence for his protection does not devolve upon the company’s servants in charge of a train until his presence upon the track becomes known to them. Atlanta Ry. Co. v. Leach, 91 Ga. 419 ; Atlanta Ry. Co. v. Gravitt, 93 Ga. 369 .

3. Applying the above rules to the evidence in the present case, it is manifest that the plaintiff was not entitled to a recovery, and the court, therefore, did not err in directing a verdict for the defendant.

Judgment affirmed.

All the Justices concurring.

Action for damages. Before Judge Fite. Catoosa superior court. February term, 1900. Seaborn Wright, W. H. Odell, and Shumate & Maddox, for plaintiff. Payne & Tye and R. J. & J. McCamy, for defendant.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

View all citing references →
1905: 21906: 11907: 11916: 11930: 11935: 11936: 11940: 11941: 11947: 11960: 119052026peak 1905 · 2

Relies on it most ⓘ

  1. Petroleum Carrier Corporation v. Snyder161 F.2d 323 (5th Cir. 1947)
  2. English v. Georgia Power Co.17 S.E.2d 891 (Ga. Ct. App. 1941)
  3. Pollard v. Todd8 S.E.2d 566 (Ga. Ct. App. 1940)
  4. City of Villa Rica and Southern Natural Gas Company v. Mrs281 F.2d 284 (5th Cir. 1960)
  5. Humphries v. Southern Railway Co.181 S.E. 135 (Ga. Ct. App. 1935)
  6. Abbercrombie v. Maryland Casualty Co.154 S.E. 459 (Ga. Ct. App. 1930)

Most recent

  1. City of Villa Rica and Southern Natural Gas Company v. Mrs281 F.2d 284 (5th Cir. 1960)
  2. Petroleum Carrier Corporation v. Snyder161 F.2d 323 (5th Cir. 1947)
  3. English v. Georgia Power Co.17 S.E.2d 891 (Ga. Ct. App. 1941)
  4. Pollard v. Todd8 S.E.2d 566 (Ga. Ct. App. 1940)
  5. Powell v. Dupree186 S.E. 211 (Ga. Ct. App. 1936)
  6. Humphries v. Southern Railway Co.181 S.E. 135 (Ga. Ct. App. 1935)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Atlanta & Charlotte Air-Line Rwy. Co. v. Gravitt, 26 L.R.A. 553 (Ga. 1894) 122
Atlanta & Charlotte Air-Line Ry. Co. v. Leach, 17 S.E. 619 (Ga. 1893) 18

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list