Wallace v. Cannon
Supreme Court of Georgia
Motion for new trial. Charge of the Court. By Judge Collier. Fulton Superior Court. October Term, 1867.. Those curious about the history of this case, are referred to Cannon v$. Rowland, 8up. W. & A. R. R., 34th Ga. R. 422 8. C. 35th Ga. R:, 105. ■ The new superintendent was made a party, Rowland having died.
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Motion for new trial. Charge of the Court. By Judge Collier. Fulton Superior Court. October Term, 1867.. Those curious about the history of this case, are referred to Cannon v$. Rowland, 8up. W. & A. R. R., 34th Ga. R. 422 8. C. 35th Ga. R:, 105. ■ The new superintendent was made a party, Rowland having died. It was an action by Mary E. Cannon, widow of Sylvester Cannon, an employee of the Western and Atlantic Railroad, because of his death by the'alleged carelessness of the employees of the said railroad, on the 6th of July, 1862, while he was acting as engineer, on a train from Atlanta,…
1Opinion of the CourtWarner, J.
This was an action brought by the widow of Sylvester Cannon, an employee of the Western and Atlantic Railroad, against that road, to recover damages for killing her husband, by the negligence of another employee of the road, under the provisions of the Code. On the trial of the case in the Court below, it was insisted that the plaintiff was not entitled to recover, because her husband, at the time he was killed, was voluntarily engaged in the unlawful act of transporting Confederate soldiers and munitions of war, for the purpose of making war against the Government of the United States. If…
2Cited by15 opinions
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