Western & Atlantic Railroad v. Vandiver
Supreme Court of Georgia
Railroads. Master and servant. Presumptions. Damages. Negligence. Before Judge Milner. Whitfield superior court. April term, 1889. Action for injuries received by the plaintiff while working as brakeman on a freight-train of the defendant. There was switching to be done at Marietta, and the train being a little late, it had to be done in a hurry; and when plaintiff went in to couple the cars, the conductor told him to hurry up.
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Railroads. Master and servant. Presumptions. Damages. Negligence. Before Judge Milner. Whitfield superior court. April term, 1889. Action for injuries received by the plaintiff while working as brakeman on a freight-train of the defendant. There was switching to be done at Marietta, and the train being a little late, it had to be done in a hurry; and when plaintiff went in to couple the cars, the conductor told him to hurry up. The stationary car to which the moving cars were to be coupled, had on it some iron wheels attached together and held in place by strips. Both the plaintiff and the…
1Opinion of the Court
Simmons, Justice.
Vandiver sued the railroad company for damages which he alleged in his declaration that he had sustained by reason of the negligence of the employees of the company, while he was coupling cars. The jury returned a verdict in his favor; the company made a motion for a new trial, which was overruled by the court, and the company excepted. One of the grounds taken in the motion for a new trial was, that the court erred in charging the jury as follows: “A railroad company shall be liable for all damages done to stock by the running of the locomotive and 'cars, or for damage to…
2Cases cited5 opinions
- Savannah, Florida & Western Railway v. BarberSupreme Court of Georgia · 1884
- Central Railroad & Banking Co. v. KellySupreme Court of Georgia · 1877
- Central Railroad & Banking Co. v. KenneySupreme Court of Georgia · 1877
- Central Railroad & Banking Co. v. SearsSupreme Court of Georgia · 1877
- Central Railroad & Banking Co. v. SmallSupreme Court of Georgia · 1888
3Cited by11 opinions
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- Florida Central & Peninsular Railroad v. MooneySupreme Court of Florida · 1898
- Johnston v. Richmond & Danville RailroadSupreme Court of Georgia · 1895
- Western & Atlantic Railroad v. JacksonSupreme Court of Georgia · 1901
- Wrightsville & Tennille Railroad v. TompkinsCourt of Appeals of Georgia · 1911
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