Legal Opinion

Central Railroad v. Sears

Supreme Court of Georgia

Decided August 15, 1878PublishedCited by 3 opinions

Bailroads. Negligence. Master and servant. Before Judge Hall. Spalding Superior Court. February Term, 1878. Mrs. Sears brought suit against the railroad for the homicide of her husband, who was a conductor of one of its freight trains.

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Bailroads. Negligence. Master and servant. Before Judge Hall. Spalding Superior Court. February Term, 1878. Mrs. Sears brought suit against the railroad for the homicide of her husband, who was a conductor of one of its freight trains. The substantial facts of the case will be found reported in 59 Ga., 136. On the present trial the plaintiff insisted that there was a pressing emergency on the deceased to couple the train, in doing which he was killed, and that, therefore, though a conductor, he was without fault. The jury found for the plaintiff $8,500.00. Defendant moved for a new trial; it…

1Opinion of the Court

Jackson, Justice.

This case has been before this court twice before, reported in 53 Ga., 630, and 59 Ib., 436. It will be seen that the case was sent back for a new trial, as reported in 59 Ga., 436, on account of errors in the charge of the court, and in 53 Ga., 630, that the court below granted a new trial and that this judgment was affirmed.

When last here two points were indicated as for the consideration of the jury. First, was there a pressing emergency such as would authorize the conductor to go out of his usual duties; and secondly, whether after such emergency was upon him he acted…

2Cases cited2 opinions

  1. Central Railroad & Banking Co. v. SearsSupreme Court of Georgia · 1877
  2. Sears v. Central Railroad & Banking Co.Supreme Court of Georgia · 1875

3Cited by3 opinions

  1. Atlanta & Charlotte Air Line Railway v. RaySupreme Court of Georgia · 1883
  2. Chattanooga Southern Railroad v. MyersSupreme Court of Georgia · 1900
  3. Whitton v. South Carolina & Ga. R. R.Supreme Court of Georgia · 1899

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