Central of Georgia Railway Co. v. Macon Railway & Light Co.
Supreme Court of Georgia
Action for damages. Before Judge Felton. Bibb superior court. March 11, 1912. The plaintiff is seeking to recover from the defendant the amount of a judgment rendered against the plaintiff, which it was compelled to pay, in favor of the widow of E. 0. Minor, in a suit brought by her for the homicide of her «said husband; it being now alleged that the proximate cause of Minor’s death was the negligence of the defendant in the present case.
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Action for damages. Before Judge Felton. Bibb superior court. March 11, 1912. The plaintiff is seeking to recover from the defendant the amount of a judgment rendered against the plaintiff, which it was compelled to pay, in favor of the widow of E. 0. Minor, in a suit brought by her for the homicide of her «said husband; it being now alleged that the proximate cause of Minor’s death was the negligence of the defendant in the present case. In the original suit it was alleged, that Minor, being in the employment of the Central of Georgia Railway Company, was required to assist in coaling an…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) While it may be true that as a general rule one of two or more joint tort-feasors has no right of action over against those connected with him in the tort, for either contribution or indemnity, where he alone has been compelled to satisfy the damages resulting from the tort, yet in some cases one who is liable as a tort-feasor because he has failed to exercise due diligence to discover a defect or danger in machinery, appliances, or place where the injured person is required to work, and has been compelled to pay damages for injuries growing out of the…
2Cases cited8 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Union Stock Yards Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of the United States · 1905
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Boston Woven Hose & Rubber Co. v. KendallMassachusetts Supreme Judicial Court · 1901
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3Cited by37 opinions
- Jones v. Otis Elevator Co.Court of Appeals for the Eleventh Circuit · 1988
- Booth-Kelly Lumber Co. v. Southern Pacific Co. Southern Pacific Co. v. Booth-Kelly Lumber CoCourt of Appeals for the Ninth Circuit · 1950
- Gulf, Mobile & Ohio Railroad v. Arthur Dixon Transfer Co.Appellate Court of Illinois · 1951
- Scearce v. Mayor of GainesyilleCourt of Appeals of Georgia · 1925
- United States Lines, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1972
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