Dunlap v. Richmond & Danville Railroad
Supreme Court of Georgia
Railroads. Damages. Negligence. Master and servant. Before Judge Van Epps. City court of Atlanta. December term, 1887. ' Dunlap suedtbeRichmond and Danville Railroad Company, alleging, in brief as follows : Defendant substantially controlled and operated the Northeastern railroad; that is, it held a majority of the stock of said company, and managed the same as part of its system by voting the majority of its stock at stockholders’ meetings and electing such, directors and…
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Railroads. Damages. Negligence. Master and servant. Before Judge Van Epps. City court of Atlanta. December term, 1887. ' Dunlap suedtbeRichmond and Danville Railroad Company, alleging, in brief as follows : Defendant substantially controlled and operated the Northeastern railroad; that is, it held a majority of the stock of said company, and managed the same as part of its system by voting the majority of its stock at stockholders’ meetings and electing such, directors and officers as it saw fit, though the two corporations were separate bodies. In August, 1882, while employed by defendant as…
1Opinion of the Court
Bleckley, Chief Justice.
1. The engineer, being employed by the month to run trains upon the road of his employer, could have declined to go upon another road to run the trains of the company owning that road. He consented to go for temporary service, went accordingly, and was injured by reason of the bad condition of the track, and the want of adaptation of the engine (which belonged to his employe!’) to the track in its actual condition. It is not alleged that the employer knew either of the bad condition or the want of adaptation. Eor aught that appears, the jiarties were on equal terms as…
2Cited by6 opinions
- Millwright v. RomerSupreme Court of Iowa · 1982
- Central of Georgia Railway Co. v. McCliffordSupreme Court of Georgia · 1904
- Richmond & Danville Railroad v. BuiceSupreme Court of Georgia · 1891
- Georgia Railroad v. HunterCourt of Appeals of Georgia · 1913
- Foster v. Walker Roofing Co.Supreme Court of Georgia · 1913
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