146 Ga. 206 | Ga. | 1916
Lead Opinion
1. Error is assigned on a refusal to charge the jury thus: “If you find from the evidence in this case that the plaintiff did not have his automobile under control, or was operating it at a rate of speed greater than six miles per hour, at the time he approached the railroad crossing, then I charge you that in either event he would not be in the exercise of ordinary care for his safety, and would not be entitled to recover in this case, and your verdict would be for the defendant.” A person can not recover •damages from a railroad company for injury done to himself or his property: (a) when the injury is done by his consent or is caused by his own negligence (Civil Code, § 2781); (b) where •after the negligence of the railroad company commenced and was apparent, or the circumstances were such that an ordinarily pru
2. The evidence was sufficient to support the verdict.
Judgment affirmed.
Dissenting Opinion
dissenting. The plaintiff was violating a criminal statute at the .time of the injury received by him, and his violation of the statute was the efficient cause of the injury. The greater weight of authority is against his right to recover under this state of facts, although the defendant may have been guilty of violating the statute in reference to crossings.