Southern Railway Co. v. Salmon
Supreme Court of Georgia
Action for damages. Before Judge Edwards. Eloyd superior court. April 8, 1908. The plaintiff, J. Z. Salmon, brought his action against the Southern Railway Company and Richard .P.
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Action for damages. Before Judge Edwards. Eloyd superior court. April 8, 1908. The plaintiff, J. Z. Salmon, brought his action against the Southern Railway Company and Richard .P. Hopkins, an engineer in the service of the company, to recover damages for personal injuries which the plaintiff alleged that he sustained.- In his petition the plaintiff alleged that he was a bralceman in the employment ■of the railroad company, whose duty was to throw switches' at the front of the train, to ride upon the engine, to turn switches for the engine, and to follow the engine generally. The train upon…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
It will be, observed from the statement of facts that the plaintiff’s cause of action is predicated solely on the negligence of a coemployee. At common law, where the employer has used due diligence in the selection of competent employees, and has furnished them with reasonably safe means and place of work, he' h'as *756performed the full measure of his legal obligation to them, and is not answerable in tort to one of his employees for an injury sustained by him in consequence of the negligence of another employee, when both are engaged in a common service. A…
2Cases cited9 opinions
- Savannah, Florida & Western Railway v. BarberSupreme Court of Georgia · 1884
- Georgia Railroad v. IveySupreme Court of Georgia · 1884
- Atlanta & West Point Railroad v. JohnsonSupreme Court of Georgia · 1881
- Central of Georgia Railway Co. v. McCliffordSupreme Court of Georgia · 1904
- Central Railroad & Banking Co. v. LanierSupreme Court of Georgia · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Salmon v. Southern Railway Co.Supreme Court of Georgia · 1912
- Southern Railway Co. v. RobertsonCourt of Appeals of Georgia · 1909
- Southern Ry. Co. v. RitchCourt of Appeals for the Fifth Circuit · 1911
- Southern Ry. Co. v. RitchCourt of Appeals for the Fifth Circuit · 1911