Atlanta & Richmond Air Line Railway Co. v. Ayers
Supreme Court of Georgia
Railroads. Master and servant. Husband and wife. Damages. Charge of Court. Before Judge Rice. Hall Superior Court. March Term, 1874. Jane M. Ayers brought case against the Atlanta and Richmond Air Line Railway Company for $10,000 00 damages, alleged to have been sustained' by her by reason of the killing of her husband through the culpable negligence of the defendant. The general issue was pleaded.
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Railroads. Master and servant. Husband and wife. Damages. Charge of Court. Before Judge Rice. Hall Superior Court. March Term, 1874. Jane M. Ayers brought case against the Atlanta and Richmond Air Line Railway Company for $10,000 00 damages, alleged to have been sustained' by her by reason of the killing of her husband through the culpable negligence of the defendant. The general issue was pleaded. The evidence made, in brief, the following case: On or about May 24th, 1871, Alvin D. Ayers, the husband of the plaintiff, was in the employ of the defendant as a track-raiser, for which services…
1Opinion of the Court
Trippe, Judge.
1. The old rule that the employer is not responsible to an employee for damages which the latter has sustained, on account of the negligence of a fellow-servant, has been abolished in this state. Section 2083 of the Code puts employees on the footing of passengers. A passenger may recover when he may be at fault, but the damages shall be diminished by the jury in proportion to the amount of default attributable to him: Section 3034. Then comes the provision in section 3036, which has been construed in 35 Georgia, 105, to mean that if the employee is guilty of fault or…
2Cases cited2 opinions
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- Ryan v. Cumberland Valley RailroadSupreme Court of Pennsylvania · 1854
3Cited by8 opinions
- Ellington v. Beaver Dam Lumber Co.Supreme Court of Georgia · 1893
- Prather v. Richmond & Danville RailroadSupreme Court of Georgia · 1888
- Engle v. FinchSupreme Court of Georgia · 1927
- Disher v. Chicago, Rock Island & Pacific Railway Co.Nebraska Supreme Court · 1913
- Atlanta & West Point Railroad v. WebbSupreme Court of Georgia · 1878
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