Dwan v. Great Eastern Lumber Co.
Court of Appeals of Georgia
Action for damages; from city court of Savannah—Judge Davis Freeman. April 2, 1914. The petition alleges that the defendant is a corporation having its principal office and place of business in Chatham county, where it owns and operates a sawmill and also owns, maintains, and operates a tram-road between its sawmill and a point on the Atlantic Coast Line Kailroad called “Big Stick Siding;” that the plaintiff was, on Saturday, May 24, 1913, in the employ of the defendant as a…
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Action for damages; from city court of Savannah—Judge Davis Freeman. April 2, 1914. The petition alleges that the defendant is a corporation having its principal office and place of business in Chatham county, where it owns and operates a sawmill and also owns, maintains, and operates a tram-road between its sawmill and a point on the Atlantic Coast Line Kailroad called “Big Stick Siding;” that the plaintiff was, on Saturday, May 24, 1913, in the employ of the defendant as a carpenter, engaged in constructing a dry kiln at the sawmill operated by the defendant; that he was occupied in cutting…
1Opinion of the CourtWade, J.
(After stating the foregoing facts.) The sole negligence charged against the defendant is the negligence of the engineer and of the fireman in accelerating the movement of the train by a sudden, unusual, and unnecessary jerk, and in failing to stop the train after the plaintiff had been thrown to the ground from his seat on the coupling pole, and was running along the track endeavoring to again mount the coupling, when the engineer and fireman “knew he was riding upon the coupling pole and that he fell from the coupling.” If the engineer and the fireman were‘fellow servants of the plaintiff…
2Cases cited9 opinions
- Ellington v. Beaver Dam Lumber Co.Supreme Court of Georgia · 1893
- Cooper v. MullinsSupreme Court of Georgia · 1860
- Mciver v. Florida Central & Peninsular RailroadSupreme Court of Georgia · 1900
- Brush Electric Light & Power Co. v. WellsSupreme Court of Georgia · 1900
- Railey v. Garbutt & Co.Supreme Court of Georgia · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- I-L Logging Co. v. Manufacturers & Wholesalers Indemnity ExchangeOregon Supreme Court · 1954
- Johnson v. Aetna Casualty & Surety Co.Court of Appeals for the Fifth Circuit · 1939
- Holliday v. Merchants & Miners Transportation Co.Court of Appeals of Georgia · 1924
- Kilgo v. Rome Soil Pipe Manufacturing Co.Court of Appeals of Georgia · 1915
- Holliday v. Merchants & Miners Transportation Co.Supreme Court of Georgia · 1926
5 more not listed; retrieve them via the Exa API.