South-Western Railroad v. Paulk
Supreme Court of Georgia
New trial from Taylor county. Tried before Judge Worrill, October Term, 1857. This was an action brought in Taylor Superior Court by Elizabeth Paulk, as administratrix of Uriah Paulk, deceased, against the South-Western Railroad Company, to recover damages for killing the said Uriah by the cars on the said railroad, at Butler, in Taylor county, on the 29th day of December, 1855. The letters of administration were granted to plaintiff by the Orphan’s Court of Macon county, in…
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New trial from Taylor county. Tried before Judge Worrill, October Term, 1857. This was an action brought in Taylor Superior Court by Elizabeth Paulk, as administratrix of Uriah Paulk, deceased, against the South-Western Railroad Company, to recover damages for killing the said Uriah by the cars on the said railroad, at Butler, in Taylor county, on the 29th day of December, 1855. The letters of administration were granted to plaintiff by the Orphan’s Court of Macon county, in the State of Alabama. The defendant filed a plea to the jurisdiction of the Court on the ground that the suit should…
1Opinion of the CourtLumpkin, J.
By the Court. delivering the opinion.
This is an action for damages, against the South Western R. R. Company, for having destroyed the life of defendant in error’s intestate, while a passenger on plaintiff in error’s train, in the county of Taylor, in December, 1855.
[1.] The right of action is claimed by virtue of the Act of 1850. It is not pretended that it existed at common law. That Act provides that, "In all cases thereafter, where death shall ensue from or under circumstances which would have entitled the deceased, if death had not ensued, to an action against the perpetrator of the…
2Cases cited10 opinions
- Vaughan v. NorthupSupreme Court of the United States · 1841
- United States v. AmedySupreme Court of the United States · 1826
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
- Holmes v. RemsenNew York Supreme Court · 1822
- Trecothick v. AustinU.S. Circuit Court for the District of Massachusetts · 1825
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3Cited by39 opinions
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- Central Railroad v. DeBraySupreme Court of Georgia · 1883
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