Holsey v. Macon, Dublin & Savannah Railroad
Court of Appeals of Georgia
Action for damages, from city court of Dublin — Judge Hawkins December 18, 1908. Idella Holsey sued the railroad company for the homicide of her husband, who was fatally injured while engaged as a brakeman in its employment. She excepts to the judge’s order granting a nonsuit. From the evidence it appeared that the casualty resulting in the death of the plaintiff’s husband took place at Dublin.
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Action for damages, from city court of Dublin — Judge Hawkins December 18, 1908. Idella Holsey sued the railroad company for the homicide of her husband, who was fatally injured while engaged as a brakeman in its employment. She excepts to the judge’s order granting a nonsuit. From the evidence it appeared that the casualty resulting in the death of the plaintiff’s husband took place at Dublin. The freight-train on which he was employed had just arrived at that point with a car-load of lumber in front of the engine, and the train crew were engaged in transferring this car to the rear of the…
1Opinion of the CourtEussele, J.
(After stating the foregoing facts.)
The common-law rule that a servant, as a part of his contract of employment, assumes the ordinary and usual risks of the employment is subject to an exception in Georgia, when applied to common carriers by railroad. Owing to the peculiar nature of the employment, the doctrine that the servant of a common carrier by railroad contracts to assume the risk of the negligence of a fellow servant has been abolished, but where the proximate cause of an injury is the negligent act of a fellow servant, the injured employee has a cause of action against the common…
2Cases cited13 opinions
- Central Railroad v. DeBraySupreme Court of Georgia · 1883
- Atlanta & Birmingham Air-Line Railway v. McManusCourt of Appeals of Georgia · 1907
- Macon, Dublin & Savannah Railroad v. JoynerSupreme Court of Georgia · 1907
- Hubbard v. Macon Railway & Light Co.Court of Appeals of Georgia · 1908
- Prather v. Richmond & Danville RailroadSupreme Court of Georgia · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Mott v. DavisWest Virginia Supreme Court · 1922
- Usry v. Augusta Southern RailroadCourt of Appeals of Georgia · 1920
- Macon, Dublin & Savannah Railroad v. HolseyCourt of Appeals of Georgia · 1911