U.S. Circuit Court for the Northern District of Georgia January 4, 1908 (Shumate v. Louisville & N. R. Co.)

NEWMAN, District Judge

(after stating the facts as above). Under the decision of the Circuit Court of Appeals for this circuit in Illinois Central R. R. Co. v. Warren, 149 Fed. 658, 79 C. C. A. 350, it is clear that this suit cannot be maintained unless the doctrine of comparative negligence, as it exists in Georgia, can be invoked by the plaintiff.