Legal Opinion

Mills v. East Tenn., Va. & Ga. Railway Co.

Supreme Court of Georgia

Decided March 30, 1891PublishedCited by 4 opinions

Nonsuit. Railroads. Master and servant. Negligence. Before Judge Marshall J. Clarke. Fulton superior court. September term, 1890. Reported in tbe decision.

1Opinion of the Court

Lumpkin, Justice.

George Lawshe, a flagman on a freight-train of the E. T., Y. & G. Ry. Co., whose duties were “on or about the rear end of the train,” was killed in a collision in the night-time, caused by the running of the engine of a passenger-train into the rear end of the freight-train. His widow, who is now Lula Mills, brought suit against the railway company for the killing of her husband, on the trial of which a nonsuit was granted by the court below, and this judgment is now before this court for review. The plaintiff’s evidence made substantially the following case: The accident…

2Cases cited2 opinions

  1. Prather v. Richmond & Danville RailroadSupreme Court of Georgia · 1888
  2. Georgia Railroad & Banking Co. v. McDadeSupreme Court of Georgia · 1877

3Cited by4 opinions

  1. Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
  2. Alabama Great Southern Railroad v. BaldwinTennessee Supreme Court · 1904
  3. Spencer v. BrooksSupreme Court of Georgia · 1896
  4. Holsey v. Macon, Dublin & Savannah RailroadCourt of Appeals of Georgia · 1909

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