Mills v. Bartow Lumber Co.
Court of Appeals of Georgia
Action for damages; from city court of Cartersville — Judge Foute. March 4, 1910. Mrs. Mills brought suit against the Bartow Lumber Company for the homicide of her husband, who met his death while employed as conductor on one of the defendant’s log trains. It is alleged in the petition that it was the duty of the plaintiff’s husband to bring train-loads of logs, loaded by employees of the lumber ■company, from the forest to the mill, and to unload them.
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Action for damages; from city court of Cartersville — Judge Foute. March 4, 1910. Mrs. Mills brought suit against the Bartow Lumber Company for the homicide of her husband, who met his death while employed as conductor on one of the defendant’s log trains. It is alleged in the petition that it was the duty of the plaintiff’s husband to bring train-loads of logs, loaded by employees of the lumber ■company, from the forest to the mill, and to unload them. The cars on which the logs were loaded were flat cars, on the outer ■edges of which were arranged pieces of timber laid longitudinally, which…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. The defendant was not a chartered railroad company, but merely a sawmill company, and the case, therefore, falls within the general law of master and servant, and not within the purview of any of the special statutes which have been passed regulating the *174liability of railroad companies to their employees. Counsel for the plaintiff has made an elaborate argument in an effort to prove that the servants who loaded the logs were not fellow servants of the deceased employee, but were to be regarded as vice-principals of the master. His major premise, that…
2Cited by6 opinions
- International Cotton Mills v. WebbCourt of Appeals of Georgia · 1918
- Donaldson v. Marsh Cypress Co.Court of Appeals of Georgia · 1911
- Roberts v. EthridgeCourt of Appeals of Georgia · 1946
- Atkinson v. Empire Printing & Box Co.Court of Appeals of Georgia · 1947
- City of Atlanta v. HaganCourt of Appeals of Georgia · 1917
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