Legal Opinion
Southern Railway Co. v. Smith
Court of Appeals of Georgia
Decided April 10, 1937No. 26019PublishedCited by 7 opinions
1Opinion of the CourtGuerry, J.
1. “A servant is personally liable to third persons when his wrongful act in the course of his employment is the direct and proximate cause of injury to them, whether the wrongful act be one of misfeasance or nonfeasance. It is not his contract with the principal which exposes him to, or protects him from, liability to third persons, but his common-law obligation so to use that which he controls as not to injure another. ” Atlantic Coast Line R. Co. v. Knight, 48 Ga. App. 53 (171 S. E. 919), and cit.
2. “A railway company and its engineer may be jointly sued for a negligent homicide, where the…
2Cases cited9 opinions
- Southern Railway Co. v. GrizzleSupreme Court of Georgia · 1906
- Southern Railway Co. v. MillerCourt of Appeals of Georgia · 1907
- Atlantic Coast Line Railroad v. KnightCourt of Appeals of Georgia · 1933
- Southern Railway Co. v. SewellCourt of Appeals of Georgia · 1916
- Vanzant v. Southern Railway Co.Supreme Court of Georgia · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Holland v. Sanfax CorporationCourt of Appeals of Georgia · 1962
- Roadway Express Inc. v. McBroomCourt of Appeals of Georgia · 1939
- Atlantic Coast Line Railroad v. HeathCourt of Appeals of Georgia · 1938
- Rhodes v. Industrial Finance Corp.Court of Appeals of Georgia · 1941
- Crosby v. CalawayCourt of Appeals of Georgia · 1941
2 more not listed; retrieve them via the Exa API.