Atlanta & West Point Railroad v. Webb
Supreme Court of Georgia
Railroads. Negligence. Master and servant. Before Judge Clark. Fulton Superior Court. April Term, 1878. Mrs. Webb recovered a verdict against the railroad company for $3,141.33, damages resulting from the homicide of her husband, who was an employee of the company. The facts, so far as material, appear in the head-note.
Read the full summary
Railroads. Negligence. Master and servant. Before Judge Clark. Fulton Superior Court. April Term, 1878. Mrs. Webb recovered a verdict against the railroad company for $3,141.33, damages resulting from the homicide of her husband, who was an employee of the company. The facts, so far as material, appear in the head-note. The defendant moved for a new trial upon the following, among other grounds: The court was requested by defendant’s counsel to charge the jury, that if Webb was killed by the carelessness or negligence of the defendant or its agents, such as is charged in the declaration,…
1Opinion of the Court
Bleckley, Justice.
Corporations conduct all their business by means of offi cers, agents and servants. In a broad sense, they are all employees of the corporation. The location and arrangement of a water-tank, and the keeping of it in proper condition, must depend upon the skill and diligence of one or more of such employees. The corporation being an artificial, imaginary person, cannot, in point-of fact, be negligent except by and through the natural persons who undertake to serve it. Their negligence is imputed to, it by law, and it is made responsible therefor, generally, just as a natural…
2Cases cited1 opinion
- Atlanta & Richmond Air Line Railway Co. v. AyersSupreme Court of Georgia · 1874
3Cited by6 opinions
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Western & Atlantic Railroad v. JacksonSupreme Court of Georgia · 1901
- Central Railroad v. HendersonSupreme Court of Georgia · 1883
- Southern Railway Co. v. SalmonSupreme Court of Georgia · 1909
- Illinois Central R. R. v. ZerwickAppellate Court of Illinois · 1900
1 more not listed; retrieve them via the Exa API.