Spencer v. Brooks
Supreme Court of Georgia
Action for damages. Before Judge Yan Epps. City court of Atlanta. July term, 1895. Brooks, by his next friend, sued the receivers of the Richmond & Danville R. R. Co. for damages from personal injuries, alleging; About July 15th, 1893, he was in the employ of defendant in the operation of the railroad as brakeman on a freight-train, which arrived on the evening of that day at Tallapoosa, G-a.
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Action for damages. Before Judge Yan Epps. City court of Atlanta. July term, 1895. Brooks, by his next friend, sued the receivers of the Richmond & Danville R. R. Co. for damages from personal injuries, alleging; About July 15th, 1893, he was in the employ of defendant in the operation of the railroad as brakeman on a freight-train, which arrived on the evening of that day at Tallapoosa, G-a. It became necessary for the train to take on a freight-car standing on the side-track at this point, and to this end plaintiff was ordered by the conductor, one Payne, who was defendant’s vice-principal…
1Opinion of the Court
Simmons, Chief Justice.
Brooks, a minor, was employed by the receivers of the Bichmond and Danville Bailroad Company as brakeman on a freight-train, and while so employed sustained serious personal injuries by reason of his being run into by the train when engaged in opening the “knuckle” of the bumper of a car, under the direction of the conductor of the train, preparatory to coupling that car to others belonging to the train. By his next friend he sued the receivers for damages, alleging negligence on the part of the defendants and the conductor; and recovered a verdict for $1,500. The…
2Cases cited2 opinions
- Prather v. Richmond & Danville RailroadSupreme Court of Georgia · 1888
- Mills v. East Tenn., Va. & Ga. Railway Co.Supreme Court of Georgia · 1891
3Cited by4 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Moore v. Dublin Cotton MillsSupreme Court of Georgia · 1907
- Alabama Great Southern Railroad v. BaldwinTennessee Supreme Court · 1904
- Tallulah Falls Railway Co. v. TaylorCourt of Appeals of Georgia · 1917