Southern Railway Co. v. Simmons
Court of Appeals of Georgia
Action for damages; from Habersham superior court—Judge J. B. Jones. November 3, 1918. Seaborn Simmons brought an action against the Southern Railway Company for personal injuries, under the Federal “employer’s liability act” of April 22, 1908 (c. 149, 35 Stat. 65, H. S. Comp.
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Action for damages; from Habersham superior court—Judge J. B. Jones. November 3, 1918. Seaborn Simmons brought an action against the Southern Railway Company for personal injuries, under the Federal “employer’s liability act” of April 22, 1908 (c. 149, 35 Stat. 65, H. S. Comp. St. 1916, §§ 8657-8665). The petition alleges, substantially, that on February 11, 1918, while engaged by the defendant as a section-hand, the plaintiff was working for the defendant under the direction and control of Dalton Lovell, section foreman, who was in full charge of the section of the defendant’s line of road…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.)
Since this action was brought under the Federal "employer’s liability act,” the provisions of that act are controlling, and the >0086 must be decided in accordance therewith. As was held in *102Charleston &c. Ry. Co. v. Sylvester, 17 Ga. App. 85 (86 S. E. 275) : “In a suit brought under the Federal ‘employer’s liability act/ except as to violations of Federal statutes for the protection of employees, assumption of risk is an absolute defense, while contributory negligence merely reduces the damages. Roberts, Injuries to Interstate Employees, § 130; Seaboard…
2Cases cited15 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- Cincinnati, N. O. & T. P. Ry. Co. v. ThompsonCourt of Appeals for the Sixth Circuit · 1916
- Connelley v. Pennsylvania R.Court of Appeals for the Third Circuit · 1912
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3Cited by8 opinions
- Pollard v. WeeksCourt of Appeals of Georgia · 1939
- Boatman v. MilesWyoming Supreme Court · 1921
- Gray v. GarrisonCourt of Appeals of Georgia · 1934
- Newman v. Southern Railway Co.Court of Appeals of Georgia · 1937
- Payne v. SimmonsCourt of Appeals of Georgia · 1921
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