Savannah & Western Railroad v. Phillips
Supreme Court of Georgia
Railroads. Independent contractors. Negligence. Charge of court. Before Judge Martin. Chattahoochee superior court. March tei’m, 1892. The material portions of the declaration were, in 'substance, that the plaintiff was an employee of The Savannah & Western Railroad Company, in the' capacity of fireman; that the company was causing an extension of its line to be built, furnishing iron for the track and engines to haul the construction trains, and was running trains over the…
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Railroads. Independent contractors. Negligence. Charge of court. Before Judge Martin. Chattahoochee superior court. March tei’m, 1892. The material portions of the declaration were, in 'substance, that the plaintiff was an employee of The Savannah & Western Railroad Company, in the' capacity of fireman; that the company was causing an extension of its line to be built, furnishing iron for the track and engines to haul the construction trains, and was running trains over the greater part of this extension; that he was ordered by his superior officers, agents of defendant, to work as fireman…
1Opinion of the Court
Lumpkin, Justice.
1. The statement prefixed to this opinion was prepared by the writer, and is a brief but fair summary of the voluminous pleadings and evidence in this case. In view of what is therein contained, we think the verdict necessarily found that the derailment of the engine was caused by its own defective condition, and the legal presumption, as will be hereinafter shown, being that this defective condition was due to the defendant’s negligence, we see no reason why the plaintiff was not entitled to recover upon this branch of the case. Independently of the question whether the…
2Cases cited4 opinions
- Atlanta & Florida Railroad v. KimberlySupreme Court of Georgia · 1891
- Central Railroad & Banking Co. v. KenneySupreme Court of Georgia · 1877
- Central Railroad v. HubbardSupreme Court of Georgia · 1891
- Georgia Railroad & Banking Co. v. MillerSupreme Court of Georgia · 1892
3Cited by10 opinions
- Quinan v. Standard Fuel Supply Co.Court of Appeals of Georgia · 1920
- Florida Central & Peninsular Railroad v. MooneySupreme Court of Florida · 1898
- Bradford Construction Co. v. HeflinMississippi Supreme Court · 1906
- Johnson v. Western & Atlantic RailroadCourt of Appeals of Georgia · 1908
- Brady v. JaySupreme Court of Louisiana · 1904
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