Legal Opinion

Louisville & Nashville Railroad v. Hudson

Court of Appeals of Georgia

Decided December 19, 1911No. 3246PublishedCited by 28 opinions

Action for damages; from city court of Eiehmond county— Judge W. E. Eve. Hudson was a night yard-conductor of the Charleston & Western Carolina Eailway Company, whose duty it was, among others, to receive cars delivered by a connecting carrier to the railroad.

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Action for damages; from city court of Eiehmond county— Judge W. E. Eve. Hudson was a night yard-conductor of the Charleston & Western Carolina Eailway Company, whose duty it was, among others, to receive cars delivered by a connecting carrier to the railroad. Jackson was a night engineer, employed by the defendant railroad companies, to wit, the Louisville & Nashville Eailroad Company and the Atlantic Coast Line Railroad Company, as lessees, and it was his duty among others, to deliver the ears.of his employer to the Charleston & Western Carolina Railway Company. On November 1, 1909, at…

1Opinion of the CourtHill, C. J.

(After stating the foregoing facts.) The courts generally have found some difficulty in holding the master liable for a homicide intentionally committed by his servant, in the absence of any express command on the part of the master, and the majority of adjudications seem to favor the theory that in the ab- • sence of express authority the master is not liable in damages for a deliberate, intentional, and wilful homicide committed by his servant. 1 Thomp. Neg. § 571. But, whatever may be the adjudications in. other jurisdictions on this subject, it is settled by the statute law of this State…

2Cases cited4 opinions

  1. Savannah Electric Co. v. HodgesCourt of Appeals of Georgia · 1909
  2. Savannah Electric Co. v. WheelerSupreme Court of Georgia · 1907
  3. Henderson v. Dade Coal Co.Supreme Court of Georgia · 1897
  4. Mason v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of Georgia · 1911

3Cited by28 opinions

  1. Frazier v. Southern Railway CompanySupreme Court of Georgia · 1946
  2. Hunter v. A-1 Bonding Service, Inc.Court of Appeals of Georgia · 1968
  3. Conney v. Atlantic Greyhound Corp.Court of Appeals of Georgia · 1950
  4. Atlanta Baseball Co. v. LawrenceCourt of Appeals of Georgia · 1928
  5. Plumer v. Southern Bell Telephone & Telegraph Co.Court of Appeals of Georgia · 1938

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