[DOWNLOAD] "Atlantic Coast Line R. Co. v. Key." by United States Court Of Appeals Fifth Circuit. " eBook PDF Kindle ePub Free

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eBook details

• Title: Atlantic Coast Line R. Co. v. Key.
• Author : United States Court Of Appeals Fifth Circuit.
• Release Date : January 15, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Appellee, Mrs. Key, basing jurisdiction of her action upon diversity of citizenship, obtained judgment in the amount of $5,000 for personal injuries sustained as a result of the alleged negligence of the appellant, Atlantic Coast Line Railroad Company, in the operation of its train, which struck the car she was driving while on a public crossing in the municipality of Woodbury, Georgia. In accordance with the Georgia practice of pleading, the complaint alleged specific acts of negligence. By answer, each of these was denied and the defendant also pleaded that the plaintiff was guilty of contributory negligence, upon which was invoked the Georgia rule of comparative negligence, and further, that any injuries, the plaintiff sustained were due solely to her negligence. Upon the trial, and after verdict, by motion for judgment notwithstanding the verdict, the defendant timely urged the point, likewise preserved and presented by this appeal, that the evidence required a verdict in its favor as a matter of law. This attack is two pronged, one, that the evidence fails to show that the defendant was guilty of any negligence whatever; the other, that the evidence, as a matter of law, shows that the injuries to the plaintiff were caused by her own negligence and that the plaintiff, by the exercise of ordinary care, could have avoided the consequences to herself of the defendants negligence, if any could be considered established.

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