| Georgia. Supreme Court - Equity - 1882 - 874 pages
...from another for an accident or an injury caused by his own negligence. Code, section 3034, provides that no person shall recover damages from a railroad...by his consent, or is caused by his own negligence ; and if the complainant and the company be both at fault, the former may recover, but the damages... | |
| Georgia. Supreme Court - Equity - 1885 - 952 pages
...be dicta of other judges in our reports which confound section 2972 with section 303 J, which enacts that " no person shall recover damages from a railroad...by his consent or is caused by his own negligence." But the two sections ought not to be construed as the same, but in pan materia as separate defences.... | |
| Georgia. Supreme Court - Equity - 1889 - 936 pages
...caused by the defendant's negligence, he is not entitled to recover. No person shall recover damage from a railroad company for injury to himself or his property, where the same is The Central Railroad and Banking Company »•«. Nash. doue by his consent, or is caused by his negligence."... | |
| Georgia. Supreme Court - Equity - 1883 - 846 pages
...company is at fault, and the onus is upon them to show, that they, or their agents, were not at fault. No person shall recover damages, from a railroad company, for injury to himself, when the same was done by his consent, or caused by his own negligence. If the plaintiff and the agents... | |
| Georgia. Supreme Court - Equity - 1886 - 990 pages
...disqualified In this case, Judge Branharn, ol the Rome circuit, was appointed to preside In bis stead. J No person shall recover damages from a railroad company for injury to himself, where the same is caused by his own negligence, or where, by the use of ordinary care, he could have... | |
| Georgia. Supreme Court - Equity - 1869 - 812 pages
...avoided the consequences to himself, caused by the defendant's negligence, hi is not entitled to recover. No person shall recover damages from a railroad company for injury to himself, where the same is done by his consent, or is caused by his own negligence. But if the plaintiff and... | |
| Georgia. Supreme Court - Equity - 1872 - 790 pages
...ordinary and reasonable care and diligence, the presumption in all cases being against the company. No person shall recover damages from a railroad company for injury to himself or his property when the injury is done by his consent, or where the injury is caused by his own negligence. If the... | |
| Law - 1920 - 496 pages
...188, it was said the Florida statute which forbade recovery from a railroad company for injury to one or his property, where the same is done by his consent, or is caused by his negligence, did not cover a case as a full defense, where an injured person was riding in automobile... | |
| Georgia. Supreme Court - Equity - 1879 - 762 pages
...following grounds : 1. Because the court erred in charging each of the following rules of law : a. " No person shall recover damages from a railroad company...by his consent, or is caused by his own negligence. b. "If the plaintiff, by ordinary care, could have avoided the consequences to himself caused by the... | |
| Georgia. Supreme Court - Equity - 1881 - 878 pages
...the presumption in all cases being against the company." The next section provides that " no pereon shall recover damages from a railroad company for...by his consent, or is caused by his own negligence ; if the complainant and the agents of the company are botli at fault, the former may recover, but... | |
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