Legal Opinion

Marietta & North Georgia Railroad v. Hilburn

Supreme Court of Georgia

Decided October 13, 1885PublishedCited by 5 opinions

Master and Servant. Contracts. Notice. Before Judge Brown. Cobb Superior Court. November Adjourned Term, 1884 Hilburn brought suit on an open account against the 'Marietta and North Georgia Railroad for services rendered and articles- furnished and money paid out in 1S78 and 1879. The plaintiff testified to the correctness of his account, and that he worked • under one Eaves, the agent of the defendant, and made the expenditures for the company.

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Master and Servant. Contracts. Notice. Before Judge Brown. Cobb Superior Court. November Adjourned Term, 1884 Hilburn brought suit on an open account against the 'Marietta and North Georgia Railroad for services rendered and articles- furnished and money paid out in 1S78 and 1879. The plaintiff testified to the correctness of his account, and that he worked • under one Eaves, the agent of the defendant, and made the expenditures for the company. The president of the defendant at the time the account was made denied that it was due by the company, and testified that the defendant held certain…

1Opinion of the Court

Jackson, Chief Justice.

The plaintiff in the court below sued the defendant for services rendered in guarding and otherwise attending to certain convicts turned over to defendant by the state, and recovered; thereupon, on the denial of á new trial, the defendant excepted.

The question made is, whether the Marietta and North Georgia Railroad Company is responsible for the services rendered, under the facts. The facts are that the agent of the company employed the defendant in error to do the work, and he entered upon his duties. Thereafter the company contracted with a firm to hire these…

2Cited by5 opinions

  1. Odom v. BushSupreme Court of Georgia · 1906
  2. Beauregard v. Benjamin F. Smith Co.Massachusetts Supreme Judicial Court · 1913
  3. Georgia-Pacific Corp. v. CorbinCourt of Appeals of Georgia · 1975
  4. Snyder v. Savannah Union Station Co.Court of Appeals of Georgia · 1952
  5. Ocean Accident & Guarantee Corp. v. ConnellSupreme Court of New Hampshire · 1943

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