Savannah Electric Co. v. Wheeler
Supreme Court of Georgia
Action for damages. Before Judge Cann. Chatham superior court. July 28, 1906. Eerry E. Wheeler and Eerry E. Wheeler Jr., a minor, appearing by his father as next friend, brought suit against the Savannah Electric Company. The petition contained three counts.
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Action for damages. Before Judge Cann. Chatham superior court. July 28, 1906. Eerry E. Wheeler and Eerry E. Wheeler Jr., a minor, appearing by his father as next friend, brought suit against the Savannah Electric Company. The petition contained three counts. The first alleged, in brief, as follows: The defendant, a corporation, operates, maintains, and controls a system of electric street-rail-' ways, running in and through the streets of the City of Savannah,, including a line of railway running through Broughton street in the City of Savannah, and did so on October 26, 1905. It .was a…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
The demurrer to the plaintiff’s petition was overruled. It raised several questions.
1-2. Was the act of its conductor in shooting at the passenger attributable to the company, or was this the individual act of the conductor, for which the company was not responsible? “Every person shall be liable for torts committed by his . . servant by his command, or in the prosecution and within the scope of his business, whether the same be by negligence or voluntary.” Civil Code, §3817. “Every corporation acts through its officers, .and is responsible for the acts of…
2Cases cited33 opinions
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Southern Railway Co. v. WebbSupreme Court of Georgia · 1902
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Fletcher v. Baltimore & Potomac RailroadSupreme Court of the United States · 1897
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3Cited by48 opinions
- Fielder v. DavisonSupreme Court of Georgia · 1913
- Frazier v. Southern Railway CompanySupreme Court of Georgia · 1946
- Davis v. MerrillSupreme Court of Virginia · 1922
- Hunter v. A-1 Bonding Service, Inc.Court of Appeals of Georgia · 1968
- Savannah Electric Co. v. HodgesCourt of Appeals of Georgia · 1909
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