Gartrell v. Russell

1. Where a suit in damages for the homicide of a servant is brought against the master, the plaintiff has the burden of establishing negligence on the part of the master, and due care on the part of the deceased, and where the master is not a railroad company, all presumptions are in the master’s favor. Wing v. Savannah Guano Co., 17 Ga. App. 534 (87 S. E. 827), and cit.

2. “Except in case of railroad companies, the master is not liable to one servant for injuries arising from the negligence or misconduct of other servants about the same business.” Civil Code (1910), § 3129; Buchsbaum v.…