Louisville & Nashville Railroad v. Hood
Supreme Court of Georgia
The Court of Appeals certified the following questions (Case No. 9481) :■ “1. Where a suit for personal injuries is brought against q railroad company under the Federal employers’ liability act, and the injuries could have been avoided by the exercise of ordinary care by the plaintiff, will the failure to exercise such care bar a recovery, or is this to be treated simply as contributory negligence which would diminish the recovery, if the railroad company was also shown.to…
Read the full summary
The Court of Appeals certified the following questions (Case No. 9481) :■ “1. Where a suit for personal injuries is brought against q railroad company under the Federal employers’ liability act, and the injuries could have been avoided by the exercise of ordinary care by the plaintiff, will the failure to exercise such care bar a recovery, or is this to be treated simply as contributory negligence which would diminish the recovery, if the railroad company was also shown.to be negligent? “2. Relatively to an ‘extra-gang foreman’ of a railroad, whose duty it was to repair and surface the track…
1Opinion of the Court
Beck P. J.
1. In the act of Congress known as the Federal employers’ liability act, approved April 22, 1908, and entitled “An act relating to the liability of common carriers by railroad to their employees in certain cases,” it was enacted, after describing the carriers by railroad to which the terms of the act are applicable, “That in all actions hereafter brought against any such common carrier by railroad under or by virtue of the provisions of this act, to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may…
2Cases cited7 opinions
- Grand Trunk Western Railway Co. v. LindsaySupreme Court of the United States · 1914
- The FolminaSupreme Court of the United States · 1909
- Jewell v. KnightSupreme Court of the United States · 1887
- Lynch v. Southern Express Co.Supreme Court of Georgia · 1916
- Chicago, Burlington & Quincy Railway Co. v. WilliamsSupreme Court of the United States · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- English v. RosenkrantzSupreme Court of Georgia · 1921
- Pollard v. GammonCourt of Appeals of Georgia · 1940
- Southern Exchange Bank v. First National BankSupreme Court of Georgia · 1927
- Johnston v. Travelers InsuranceSupreme Court of Georgia · 1936
- Southern Railway Co. v. BlantonCourt of Appeals of Georgia · 1937
15 more not listed; retrieve them via the Exa API.