Green v. Brinson Railway Co.
Court of Appeals of Georgia
Action for damages; from city court of Waynesboro — Judge Davis. June 8, 1914. The petition alleged: On March 38, 1913, the plaintiff was in the employ of the defendant railway company as engineer in charge and control of engine 338, drawing a certain construction-train over the defendant’s railway, plaintiff being then subject to the orders of one Lightner, the foreman of bridge construction for the defendant.
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Action for damages; from city court of Waynesboro — Judge Davis. June 8, 1914. The petition alleged: On March 38, 1913, the plaintiff was in the employ of the defendant railway company as engineer in charge and control of engine 338, drawing a certain construction-train over the defendant’s railway, plaintiff being then subject to the orders of one Lightner, the foreman of bridge construction for the defendant. On the morning of the said day the plaintiff, acting under instruction from the said Lightner, ran his said engine, drawing a .flat-car and pile-driver, from Sardis, a station on the…
1Opinion of the CourtRussell, C. J.
It being alleged in the petition that the plaintiff did not know of the defective conditions of the locomotive operated by him as an engineer of the defendant company, to which his injuries were directly attributed, and that his means of knowledge were not equal to those of the master, and it further appearing, from the allegations of the petition, that in order to make the necessary repairs on the locomotive, it was necessary for him to go under the engine, the movement of which caused the injuries complained of, and this movement, as alleged, being traceable to the negligence of the…
2Cases cited21 opinions
- Southern Cotton Oil Co. v. SkipperSupreme Court of Georgia · 1906
- Murray v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
- Augusta & Summerville Railroad v. DorseySupreme Court of Georgia · 1881
- Central of Georgia Railway Co. v. MoselySupreme Court of Georgia · 1901
- Hubbard v. Macon Railway & Light Co.Court of Appeals of Georgia · 1908
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3Cited by1 opinion
- Brinson Railway Co. v. GreenCourt of Appeals of Georgia · 1917