Savannah, Florida & Western Railway v. Folks
Supreme Court of Georgia
Railroads. Damages. Negligence. Master and Servant. Nonsuit. Before Judge Mershon. Pierce Superior Court. March Term, 18S5. Mrs. Susan A. Folks brought an action against the Savannah, Florida and Western Railway Company to recover damages for the homicide of her husband, who was an engineer on one of the defendant’s trains, and who was killed in a collision between the train on which he was engineer and another train on the defendant’s road.
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Railroads. Damages. Negligence. Master and Servant. Nonsuit. Before Judge Mershon. Pierce Superior Court. March Term, 18S5. Mrs. Susan A. Folks brought an action against the Savannah, Florida and Western Railway Company to recover damages for the homicide of her husband, who was an engineer on one of the defendant’s trains, and who was killed in a collision between the train on which he was engineer and another train on the defendant’s road. The facts shown by the evidence are sufficiently stated in the decision. The jury found for the plaintiff $7,000. The defendant moved for a new trial,…
1Opinion of the Court
Hall, Justice.
If the plaintiff’s husband, who was an engineer in charge of one of defendant’s trains which collided with another, and whose death was occasioned by this collision, was negligent in the performance of his duties, and the casualty was the result, either in whole or in part, of such negligence, then this verdict cannot ■ stand; it is contrary to law and should be set aside. He was in charge of No. 2, which' was the fast mail train, and was bound east on the day in question, and which appears to have run at full speed against train No. 11, bound west, at or near the seventy-third…
2Cases cited2 opinions
- Georgia Railroad & Banking Co. v. McDadeSupreme Court of Georgia · 1877
- Rowland v. CannonSupreme Court of Georgia · 1866
3Cited by2 opinions
- Norfolk & Western Railway Co. v. Cromer's AdministratrixSupreme Court of Virginia · 1901
- Southern Ry. Co. v. RitchCourt of Appeals for the Fifth Circuit · 1911