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McEwen v. Central of Georgia Railway Co.

McEwen v. Central of Georgia Railway Company

McEwen v. Cent. of Ga. Ry. Co., 56 S.E. 289 (Ga. 1906)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
December 13, 1906
Judges
Atkinson
Citations
56 S.E. 289127 Ga. 2461906 Ga. LEXIS 816
Summary
Action for damages. Before Judge Wright. Walker superior court. August 23, 1905.

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

Opinion of the Court — Atkinson

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

Atkinson, J.

The plaintiff claimed damages resulting from the derailment of a hand-ear, the derailment being brought about by a tool falling from the car to the track. If the tool was upon the ear in an improper position, this fact was apparent to the plaintiff, who was riding thereon and who had helped load the same. Under these conditions there could be no recovery by him resulting from the improper loading of the car. On the other hand, if the tool was properly loaded and nevertheless fell from the car, the occurrence was a pure accident, a thing entirely unexpected and not to be anticipated in the usual course of events, and could not be the foundation for an action against the company. Freyermuth v. South Bound Railroad Co., 107 Ga. 31 ; B. & W. R. Co. v. Smith, 97 Ga. 777 .

Judgment affirmed.

All the Justices concur.

How later courts describe this case

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

1911: 11917: 11963: 119112026peak 1911 · 1

Relies on it most ⓘ

  1. David Baker and Lee J. Baker v. The American Insurance Company of Newark, New Jersey324 F.2d 748 (4th Cir. 1963)
  2. Indiana Union Traction Co. v. Long96 N.E. 604 (Ind. 1911)
  3. Matthews v. Southern Railway Co.93 S.E. 30 (Ga. Ct. App. 1917)

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
Freyermuth v. South Bound R.R., 32 S.E. 668 (Ga. 1899) 26
Brunswick & Western R.R. v. Smith, 97 Ga. 777 (1896) 2

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