Gooch v. Georgia Marble Co.
Supreme Court of Georgia
The Court of Appeals certified to the Supreme Court the following questions (in Case No. 10860): “ 1. In a widow’s action for damages for the homicide of her husband, against two alleged joint tort-feasors, one of them his employer, a marble company, and the other a railroad company, where from the petition it appears that one of his duties was to assist in switching cars owned and delivered by the railroad company, to be thereafter placed by the marble company, for the…
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The Court of Appeals certified to the Supreme Court the following questions (in Case No. 10860): “ 1. In a widow’s action for damages for the homicide of her husband, against two alleged joint tort-feasors, one of them his employer, a marble company, and the other a railroad company, where from the petition it appears that one of his duties was to assist in switching cars owned and delivered by the railroad company, to be thereafter placed by the marble company, for the purpose of being loaded by it, on the side-track owned and maintained by the railroad company, and where the negligence…
1Opinion of the CourtBeck, P. J.
1. Hnder allegations in the petition raising the issues submitted by the first question propounded by the Court of Appeals, there was no misjoinder of parties defendant “ on the theory that the duties owed to him [the decedent for whose homicide the widow brought her action for the recovery of damages] by his employer, the marble co.mpany, and by the railroad company were not the same.” The cars which it became the duty of the *463decedent to assist in switching were owned and delivered by the railroad company, but were thereafter to be placed by the marble company for the purpose of being loaded…
2Cases cited1 opinion
- Sternfels v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by35 opinions
- Gilson v. MitchellCourt of Appeals of Georgia · 1974
- Edwards v. E. I. Du Pont De Nemours & Co.Court of Appeals for the Fifth Circuit · 1950
- Scearce v. Mayor of GainesyilleCourt of Appeals of Georgia · 1925
- Akin v. Randolph Motors, Inc.Court of Appeals of Georgia · 1957
- McDonald v. RobinsonSupreme Court of Iowa · 1928
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