in wrongful death case arising out of train collision, evidence of prior similar incidents admissible to show railroad’s knowledge of dangerous condition
How later courts described this case
- in wrongful death case arising out of train collision, evidence of prior similar incidents admissible to show railroad’s knowledge of dangerous condition
- a case cited by the appellant
Written by the judges who cited it.
Distinguished
Distinguished by White v. Seaboard Coast Line Railroad, 139 Ga. App. 833 (1976)
122 Ga. App. 214 (4) (176 SE2d 715) (1970), cited by appellant, is inapposite here, and there is no merit in this ground.
The opinion
Eberhardt, Judge,
concurring. While I concur in the judgment of reversal, and am in agreement with the holding in other divisions of the opinion, I do not join in all that is said in Divisions 5, 8 and 12 of that portion of the opinion dealing with the appeal of Southern Railway Company. Concerning Division 9 of the opinion in the Wright appeal, it seems to me that there was some evidence which would have authorized the jury to find equal knowledge on Mr. Wright’s part — though it would not have demanded it — and that the charge was authorized as given.