Louisville & Nashville Railroad v. Chaffin
Supreme Court of Georgia
Administrators. Actions. Jurisdiction. Damages. Railroads. Master and servant. Negligence. Evidence. Interrogatories. Officers. Before Judge Van Epps. City court of Atlanta.
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Administrators. Actions. Jurisdiction. Damages. Railroads. Master and servant. Negligence. Evidence. Interrogatories. Officers. Before Judge Van Epps. City court of Atlanta. March term, 1889. The plaintiff, as temporary administrator of Chaffin, brought suit for damages against the railroad company, making the following allegations : By the laws of Alabama, the personal representative can sue for the death of his decedent caused by a tort, and a railroad company is liable for the negligence of an employe causing damage to a co-employé. Chaffin was an employe of defendant and was at work for…
1Opinion of the CourtBleckley, C. J.
1. Temporary administrator is, for the time being, the “ personal representative” of the intestate for the purpose of collecting assets, and so continues until permanent letters are granted. He can maintain an action for homicide of his intestate, the right to which is conferred by statute upon the “ personal representative,” under code of Alabama, §2591.
2. Irrespective of the question whether jurisdiction to grant administration can be examined collaterally, it is irrelevant to enquire as to assets left by the deceased where the jurisdictional fact recited in the letters is not bona…
2Cases cited1 opinion
- Columbus & Western Railway Co. v. BridgesSupreme Court of Alabama · 1888
3Cited by9 opinions
- Ludwig v. J. J. Newberry CompanyCourt of Appeals of Georgia · 1949
- Davis v. AlbrittonSupreme Court of Georgia · 1907
- Southern Railway Co. v. DeckerCourt of Appeals of Georgia · 1908
- Georgia Pacific Railway Co. v. DooleySupreme Court of Georgia · 1890
- Hutcheson Manufacturing Co. v. ChandlerCourt of Appeals of Georgia · 1923
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