East Tennessee, Virginia & Georgia Railroad v. Duggan
Supreme Court of Georgia
Railroads. Evidence. Principal and agent. Before Judge Underwood. Whitfield Superior Court. October Term, 1873. Duggan brought complaint against the East Tennessee, Virginia and Georgia Railroad Company for $15,000 00 damages, alleged to have been sustained by him on November 14th, 1871, when an employee of said defendant, through the negligeuce of his co-employees. The defendant pleaded the general issue.
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Railroads. Evidence. Principal and agent. Before Judge Underwood. Whitfield Superior Court. October Term, 1873. Duggan brought complaint against the East Tennessee, Virginia and Georgia Railroad Company for $15,000 00 damages, alleged to have been sustained by him on November 14th, 1871, when an employee of said defendant, through the negligeuce of his co-employees. The defendant pleaded the general issue. In the course of the trial the plaintiff was. permitted to testify, over the Objection of the defendant, that Smith, an assistant supervisor of the defendant, told him that the company felt…
1Opinion of the Court
McCay, Judge.
Had it been proven on the part of the railroad company, that this hitching of the dirt car to the rear of the train, to the imminent peril of every life engaged in the enterprise, was contrary to custom and contrary to orders, we should have granted a new trial on the ground that the plaintiff was injured in consequence of his own negligence. An employee is, by the express terms of the Code, section 3036, only entitled to recover for damage caused by the negligence of another employee, in the running of cars, when the injured employee is -without fault himself. The doctrine of…
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