Shields v. Yonge
Supreme Court of Georgia
Oasc, in Whitfield Superior Court. Decision by Judge Jno. II. Lumpkin, April Term, 1854. This was a suit by George Shields, against George Yonge, as Superintendant of tho Western & Atlantic Railroad, for the death of a minor son of the plaintiff, caused by the negligence of employees of the Western & A. R. R. One count in the declaration, alleged that tho son was upon the train as a passenger, by contract for safe-carrying, with the father.
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Oasc, in Whitfield Superior Court. Decision by Judge Jno. II. Lumpkin, April Term, 1854. This was a suit by George Shields, against George Yonge, as Superintendant of tho Western & Atlantic Railroad, for the death of a minor son of the plaintiff, caused by the negligence of employees of the Western & A. R. R. One count in the declaration, alleged that tho son was upon the train as a passenger, by contract for safe-carrying, with the father. Another count alleged, that ho was employed on the train as a fireman, by contract with tho father. The damages alleged were, loss of service, until the…
1Opinion of the Court
By the Court.
Penning, J.
delivering the opinion.
■Is either count in the declaration good ?
In Baker vs. Bolton and others, in Campbell’s. Nisi Prius Cases, Lord Ellenborough is reported to have used these words: “ in a Civil Court, the death of a human being could not be complained of as an injury”. No authority is cited for ■this opinion.
In Comyn’s Digest, “ Trespass”, (b. 5,) it is said, “so it {trespass) lies by a master, for the battery of a servant, per quod, &c., after the death of the servant” ; and 2 Rol. 568, l. 42, is cited.
On the contrary, in Bacon's Abridgment, “ Master and…
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- Insurance Co. v. BrameSupreme Court of the United States · 1878
- Evans v. MillsSupreme Court of Georgia · 1904
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