Western & Atlantic Railroad v. Strong
Supreme Court of Georgia
Husband and wife. Laws. Railroads. Contracts. Before Judge Hopkins. Fulton Superior Court. October Term, 1873. Mary Strong, by her declaration, averred that the Western and Atlantic Railroad Company employed Macon Strong, her husband-, as a brakesman, on January 1st, 1872, and that while thus employed, required him to work on a long train of cars go-; ing from Chattanooga, Tennessee, to Atlanta, Georgia; that in going from one car to another, in the night, without fault on…
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Husband and wife. Laws. Railroads. Contracts. Before Judge Hopkins. Fulton Superior Court. October Term, 1873. Mary Strong, by her declaration, averred that the Western and Atlantic Railroad Company employed Macon Strong, her husband-, as a brakesman, on January 1st, 1872, and that while thus employed, required him to work on a long train of cars go-; ing from Chattanooga, Tennessee, to Atlanta, Georgia; that in going from one car to another, in the night, without fault on his part, and on account of the improper, badly arranged and unworkmanlike coupling of said cars, he was thrown from the…
1Opinion of the Court
McCay, Judge.
1. 2. This court, in 49 Georgia, 106, decided that the right of action for a homicide did not exist at common law, but depended for its existence on the law of the state where the homicide occurred. It is admitted that the homicide in this case occurred in Tennessee, and on the production of the law of that state, it appears that a right of action does exist for such a case, but that it is in the personal representative for the use of the wife and children. We are not prepared to say that, under our law, in the peculiar circumstances of this case, the wife and children, the…
2Cited by22 opinions
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- Baron Tube Company, the Partnership of Hyman Baron and Jay Baron and Hyman Baron, Individually v. The Transport Insurance CompanyCourt of Appeals for the Fifth Circuit · 1966
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