Legal Opinion

Shields v. Yonge

Supreme Court of Georgia

Decided April 15, 1854No. 48PublishedCited by 50 opinions

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…

2Cited by50 opinions

  1. Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
  2. Van Beeck v. Sabine Towing Co.Supreme Court of the United States · 1937
  3. Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
  4. Insurance Co. v. BrameSupreme Court of the United States · 1878
  5. Evans v. MillsSupreme Court of Georgia · 1904

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