Rowland v. Cannon
Supreme Court of Georgia
Case. In Fulton Superior Court. Tried before Judge Warner. October Term, 1866. In July, 1862, Sylvester Cannon was in the employment of the Western & Atlantic Eailroad as a locomotive engineer, and, on the Sabbath day, was running an engine attached to the regular passenger train from Atlanta to Chattanooga.
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Case. In Fulton Superior Court. Tried before Judge Warner. October Term, 1866. In July, 1862, Sylvester Cannon was in the employment of the Western & Atlantic Eailroad as a locomotive engineer, and, on the Sabbath day, was running an engine attached to the regular passenger train from Atlanta to Chattanooga. It was unusual to run freight trains on the Eoad on Sunday, and on this occasion there was no reason to ex pect that any train would be in Cannon’s way, neither he nor the conductor of his train having been notified that any had been or would be sent out. In point of fact, however, a…
1Opinion of the CourtLumpkin, C. J.
The single question in this case is, can the widow of an employee of the State Eoad, if he is killed, recover damages for his loss of life, provided he, himself, is guilty, in part, of the accident which caused his death ?
It is well settled, that a passenger or third person may recover, though he is partly to blame for the casualty. Does the same rule apply to agents of the Eoad % This depends upon the proper construction#of the following Sections of the Code — (Sections 2051, 2979, 2980) — particularly the last of these sections, which reads as follows: “ If the person injured is himself an…
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