Central of Georgia Railway Co. v. Macon Railway & Light Co.
Court of Appeals of Georgia
Action for damages; from city court of Macon — Judge Hodges. September 20, 1910. Minor, an employee of the Central of Georgia Railway Company, was killed through an electric shock which he received while attempting to unload coal from a chute into a locomotive tender. The apron of the chute was to be lowered by' a steel cable which he caught hold of. An electric wire leading to an arc lamp had been fastened upon the chute.
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Action for damages; from city court of Macon — Judge Hodges. September 20, 1910. Minor, an employee of the Central of Georgia Railway Company, was killed through an electric shock which he received while attempting to unload coal from a chute into a locomotive tender. The apron of the chute was to be lowered by' a steel cable which he caught hold of. An electric wire leading to an arc lamp had been fastened upon the chute. This wire sagged against the cable, and the insulation had become worn or was originally inadequate, so that the current leaked from the electric wire to the cable, and…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. Codifying a common-law doctrine, the Civil Code (1910), § 5821, declares: “Where a defendant m&y have a remedy over against another, and vouches him into court by giving notice of the pendency of the suit, the judgment rendered therein will be conclusive upon the paitv vouched, as to the amount and right of the *631plaintiff to recover.” The steps necessary to vouch the present defendant were regularly taken, and the judgment against the present plaintiff was duly rendered against it as defendant in the former suit, so in the present ease the sole question…
2Cases cited6 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Union Stock Yards Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of the United States · 1905
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Boston Woven Hose & Rubber Co. v. KendallMassachusetts Supreme Judicial Court · 1901
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- Public Service Elec. and Gas Co. v. WaldroupNew Jersey Superior Court Appellate Division · 1955
- Scearce v. Mayor of GainesyilleCourt of Appeals of Georgia · 1925
- United States Lines, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1972
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