Legal Opinion

Simmons v. Southern Railway Co.

Court of Appeals of Georgia

Decided March 20, 1917No. 7777PublishedCited by 2 opinions

Action for damages; from city court of Zebulon—Judge Dupree. June 30, 1916.

1Opinion of the CourtGeoroe, J.

“In order for a servant to recover for an injury on the ground that it resulted from liis compliance with a direct order of his master, or of his master’s representative, the servant must show that the order was a negligent one under the circumstances. If the order was negligent, and the servant knew of the peril of complying with it, or if he had equal means with his master of knowing of the peril, or by the exercise of ordinary care might have known thereof, then he can not recover for an injury received in complying with the order.” Hightower v. Southern Ry. Co., 146 Ga. 279 (91 S. E. 52).…

2Cases cited2 opinions

  1. Hightower v. Southern Railway Co.Supreme Court of Georgia · 1916
  2. Cowart v. Southern Marble Co.Supreme Court of Georgia · 1915

3Cited by2 opinions

  1. Stringer v. Atlanta Box FactoryCourt of Appeals of Georgia · 1920
  2. Berryton Mills v. ParhamCourt of Appeals of Georgia · 1919

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