Wentern & Atlantic Railroad v. Bishop
Supreme Court of Georgia
Railroads. Contracts. Negligence. Before E. M. Dodson, Esq., Judge pro hacvice. Catoosa Superior Court. February Terra, 1873. Bishop brought case against the Western and Atlantic Railroad Company for $20,000 00 damages, alleged to have been sustained from injuries inflicted upon him, when in the discharge of his duties as a train hand, resulting from the defective machinery used upon the road of said defendant for the purpose of coupling cars.
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Railroads. Contracts. Negligence. Before E. M. Dodson, Esq., Judge pro hacvice. Catoosa Superior Court. February Terra, 1873. Bishop brought case against the Western and Atlantic Railroad Company for $20,000 00 damages, alleged to have been sustained from injuries inflicted upon him, when in the discharge of his duties as a train hand, resulting from the defective machinery used upon the road of said defendant for the purpose of coupling cars. The defendant pleaded the general issue, and specially that the plaintiff was one of its employees, and had previously signed a contract to take all…
1Opinion of the Court
McCay, Judge.
1. "We know of no law which limits the right of employer and employee to contract for themselves as to the relative rights and duties of each to the other, provided the contract be not forbidden by positive law, or be contrary to public policy. They are both free citizens. Labor is property, and the laborer has, and ought to have, the same right to contract in reference to it as other freemen have in reference to their property. Generally, the duties cast by law upon employer and employee are only implications of law, in the absence of stipulations by the parties. If one enter…
2Cited by37 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Duval v. HuntSupreme Court of Florida · 1894
- Johnston v. . FargoNew York Court of Appeals · 1906
- Pennsylvania Co. v. WhitcombIndiana Supreme Court · 1887
- Berns v. Graston Gas Coal Co.West Virginia Supreme Court · 1885
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