Campbell v. Atlanta & Richmond Air Line Railroad
Supreme Court of Georgia
Railroads. Presumption. New trial. Before Judge Rice. Gwinnett Superior Court. September Term, 1873. James M. Campbell brought case against the Atlanta and Richmond Air-Line Railroad Company for $10,000 00 damages, alleged to have been sustained by him through the negligence of the defendant. The record fails to disclose any plea.
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Railroads. Presumption. New trial. Before Judge Rice. Gwinnett Superior Court. September Term, 1873. James M. Campbell brought case against the Atlanta and Richmond Air-Line Railroad Company for $10,000 00 damages, alleged to have been sustained by him through the negligence of the defendant. The record fails to disclose any plea. The evidence made the following case: On November 22d, 1872, the plaintiff was in the employment of the defendant as a track-raiser, receiving wages at the rate of $1 00 for each day he worked, out of which he was to board himself. By direction of the officers of…
1Opinion of the Court
Trippe, Judge.
Under section 3033 of the Code, an employee of a railroad company would not be entitled to recover damages for an injury sustained by him, caused by the negligence of other employees of the company. Without sections 2083 and 3036, he would be under the common law rule, and could not maintain an action. Section 3033 puts the burden upon the company in all cases where damage is done by the running of its train, to make it appear that its agents haye used all ordinary and reasonable care and diligence. Section 3036-, in giving a right to employees which they did not have, says, if…
2Cited by10 opinions
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