Wadley Southern Railway Co. v. Durden
Supreme Court of Georgia
Action for damages. Before Judge Rawlings. Emanuel superior court. February 22, 1913. Linton Durden brought suit against the Wadley Southern Railway Company, formerly the Wadley and Mount Yernon Railroad Company, hereinafter called the defendant, and alleged substantially the following facts: On the 1st day of June, 1906, plaintiff was run over by an engine on the track of the defendant company, and his left leg was mangled in such manner that it had to be amputated.
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Action for damages. Before Judge Rawlings. Emanuel superior court. February 22, 1913. Linton Durden brought suit against the Wadley Southern Railway Company, formerly the Wadley and Mount Yernon Railroad Company, hereinafter called the defendant, and alleged substantially the following facts: On the 1st day of June, 1906, plaintiff was run over by an engine on the track of the defendant company, and his left leg was mangled in such manner that it had to be amputated. At the time of the injury he was in the employment of E. P. Rentz, who was granted the privilege of using the track of the…
1Opinion of the CourtHill, J.
The foregoing statement of facts, which substantially sets forth the plaintiff’s cause of action, was subject to the demurrer filed, and the court erred in not sustaining it/ As this ruling is controlling, the other assignments of error need not be considered. Assuming that the plaintiff was a licensee upon the tracks of the defendant company as alleged, the defendant owed to him the duty of furnishing a safe track on which he and his employer might run its cars and perform the work incident thereto. See Killian v. Augusta & Knoxville R. Co., 79 Ga. 234 (4 S. E. 165, 11 Am. St. R. 410).…
2Cases cited1 opinion
- Killian v. Augusta & Knoxville RailroadSupreme Court of Georgia · 1887
3Cited by5 opinions
- Payne v. LyonSupreme Court of Georgia · 1922
- Bird v. Savannah Electric Co.Court of Appeals of Georgia · 1915
- Naylor v. Chickamauga Quarry & Construction Co.Court of Appeals of Georgia · 1917
- Alexander v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1919
- Durden v. Wadley Southern Railway Co.Supreme Court of Georgia · 1916