Mills v. Central of Georgia Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Sheppard. Effingham superior court. February 14, 1912. Elizabeth Mills brought suit against the Central of Georgia Railway Company, to recover damages fpr the alleged tortious killing of'her minor son: The petition alleged, in substance, as follows: Her three minor sons were walking down the defendant’s line of railroad, which was not enclosed, to their work outside of the corporate limits of the town of Eden, where the public traveling as…
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Action for damages. Before Judge Sheppard. Effingham superior court. February 14, 1912. Elizabeth Mills brought suit against the Central of Georgia Railway Company, to recover damages fpr the alleged tortious killing of'her minor son: The petition alleged, in substance, as follows: Her three minor sons were walking down the defendant’s line of railroad, which was not enclosed, to their work outside of the corporate limits of the town of Eden, where the public traveling as footmen have always had full access and free use of the same in traveling to and upon the railroad, walking between the…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) We think the petition made such a case as was sufficient to withstand the demurrer It was alleged that the torpedo which caused the death of the plaintiff’s son, who was eight years old, was placed on defendant’s roadway by its servants in a wanton and careless manner prior to the homicide; that the brother of the deceased, who- was 15 years old, picked up- the torpedo lying in the track on which they were walking to their work, as was customary with pedestrians, and, placing it on one of the iron rails, hit it with an iron tap or nut for the purpose of…
2Cases cited7 opinions
- Powers v. HarlowMichigan Supreme Court · 1884
- Akin v. Bradley Engineering & Machinery Co.Washington Supreme Court · 1907
- Rinard v. Omaha, Kansas City & Eastern Railway Co.Supreme Court of Missouri · 1901
- Juntti v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1912
- Bolin v. Southern Ry. Co.Supreme Court of South Carolina · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Petree v. Davison-Paxon-Stokes Co.Court of Appeals of Georgia · 1923
- Clinton v. Gunn-Willis Lumber Co.Court of Appeals of Georgia · 1948
- Spires v. GoldbergCourt of Appeals of Georgia · 1921
- Mayor of Unadilla v. FelderSupreme Court of Georgia · 1916
- Atlantic Coast Line Railroad v. CorbettSupreme Court of Georgia · 1920
15 more not listed; retrieve them via the Exa API.