Pierce v. Seaboard Air-Line Railway
Supreme Court of Georgia
Action for damages. Before Judge Cann. Chatham superior court. February 1, 1905. The action was for the homicide of the plaintiff’s husband, which was alleged to have been caused by the derailment of a train on the defendant’s railway in the State of Florida, on which he was employed as a locomotive engineer.
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Action for damages. Before Judge Cann. Chatham superior court. February 1, 1905. The action was for the homicide of the plaintiff’s husband, which was alleged to have been caused by the derailment of a train on the defendant’s railway in the State of Florida, on which he was employed as a locomotive engineer. It was alleged, that the derailment resulted from defects in the road-bed and in a switch, which defects, and the manner, time, and place of the homicide, were set forth with particularity ; that the plaintiff’s husband did not know of these defects, and could not, by the exercise of…
1Opinion of the CourtCobb, J.
1. The law of Florida authorizing an employee of a railroad company to recover damages from the company for an injury resulting from the negligence of a eoemployee is substantially the same as the law of Georgia on that subject. The petition in such a case must allege all of the facts necessary to constitute a cause of action, and there are at least three essential elements necessary to make the cause of action complete: injury to the plaintiff resulting from an act of the servants and agents *666of the company, negligence on their part in connection with the matter bringing about the injury, and…
2Cases cited9 opinions
- Augusta Railway Co. v. AndrewsSupreme Court of Georgia · 1893
- Seaboard Air-Line Railway v. PierceSupreme Court of Georgia · 1904
- Georgia Railroad & Banking Co. v. RayfordSupreme Court of Georgia · 1902
- Central Railroad v. HubbardSupreme Court of Georgia · 1891
- Mills v. Gate City Cotton MillsSupreme Court of Georgia · 1905
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3Cited by15 opinions
- Southern States Portland Cement Co. v. HelmsCourt of Appeals of Georgia · 1907
- Henry Darling Inc. v. Harvey-Given Co.Court of Appeals of Georgia · 1930
- American Thread Co. v. RochesterCourt of Appeals of Georgia · 1950
- Central of Georgia Ry. Co. v. BrandenburgSupreme Court of Georgia · 1907
- Dunbar v. HinesSupreme Court of Georgia · 1922
10 more not listed; retrieve them via the Exa API.