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Bunkley v. Central of Georgia Railway Co.

Bunkley v. Cent. of Ga. Ry. Co., 82 S.E. 635 (Ga. Ct. App. 1914)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
September 1, 1914
Docket
No. 5370
Judges
Russell
Citations
82 S.E. 63515 Ga. App. 921914 Ga. App. LEXIS 26
Summary
Action for damages; from city court of Sandersville—Judge Jordan. October 14, 1913.

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

Opinion of the Court — Russell

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Russell, C. J.

No error of law is assigned, and the evidence did not

demand a verdict for the plaintiff, especially since it was not made to appear that he did not know of the defects in the grounds surrounding the defendant’s depot. 'It was the duty of the defendant to maintain the approaches to its depot in such condition as to secure the safety of its passengers; but the controlling question in this ease was whether the plaintiff, even if he were unfamiliar with the defects in the yard of the defendant, might not, by the exercise of ordinary care, have avoided all injury to himself. There are circumstances sufficient to support the finding in favor of the defendant upon this issue; and the jury’s finding, having been approved by the trial judge, will not be disturbed. Judgment affirmed.

Roan, J., absent.

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