Legal Opinion

Georgia Pacific Railway Co. v. Dooley

Supreme Court of Georgia

Decided December 1, 1890PublishedCited by 17 opinions

Master and servant. Railroads.' Evidence. Charge of court. Practice. Damages. Verdict. Negligence. Before Judge Marshall J. Clarke. Pulton superior court. March term, 1890. Action for damages. The plaintiff was conductor of the defendant’s freight-train at the time of the injury, which wats caused by the cars leaving the track in Alabama, on account of its defective condition.- He was in his thirty-third year, was receiving wages of $70 per mouth, and was stout and healthy.

Read the full summary

Master and servant. Railroads.' Evidence. Charge of court. Practice. Damages. Verdict. Negligence. Before Judge Marshall J. Clarke. Pulton superior court. March term, 1890. Action for damages. The plaintiff was conductor of the defendant’s freight-train at the time of the injury, which wats caused by the cars leaving the track in Alabama, on account of its defective condition.- He was in his thirty-third year, was receiving wages of $70 per mouth, and was stout and healthy. He was thrown out of the caboose to the ground, whereby his heart was displaced, his shoulder was so dislocated that he…

1Opinion of the Court

Simmons, Justice.

The controlling- question in this case is as to the proper construction and effect of rule 23, which was relied upon by the- railroad company to discharge it from all liability to- the employee. That rule is as follows :

“The conditions of employment by the company are, that the regular compensation paid for the services of employees shall cover all risks incurred, and liability to accident from any cause whatever, while in the service of this company. If an employee is disabled by accident or other cause, the right to claim compensation for injuries will not be recognized.…

2Cases cited7 opinions

  1. Executors of Riggins v. BrownSupreme Court of Georgia · 1852
  2. Walker v. HunterSupreme Court of Georgia · 1855
  3. Killen v. SistrunkSupreme Court of Georgia · 1849
  4. Harriman v. WilkinsSupreme Judicial Court of Maine · 1841
  5. Louisville & Nashville Railroad v. ChaffinSupreme Court of Georgia · 1889

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Shedden v. StilesSupreme Court of Georgia · 1905
  2. Southern Railway Co. v. BrockSupreme Court of Georgia · 1909
  3. Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
  4. Salem v. StateSupreme Court of Georgia · 1971
  5. Birmingham Ry. & Electric Co. v. MasonSupreme Court of Alabama · 1905

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API