Hightower v. Southern Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Kent. Twiggs superior court. January 11, 1916. Hightower brought suit against the Southern Railway Company for damages from a personal injury received by him. The petition alleged, among other things, as follows: The plaintiff was employed by the defendant to assist in repairing its track, which was used in intrastate and interstate commerce. The suit is brought under the employer’s liability act of Congress.
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Action for damages. Before Judge Kent. Twiggs superior court. January 11, 1916. Hightower brought suit against the Southern Railway Company for damages from a personal injury received by him. The petition alleged, among other things, as follows: The plaintiff was employed by the defendant to assist in repairing its track, which was used in intrastate and interstate commerce. The suit is brought under the employer’s liability act of Congress. The plaintiff was engaged in repairing the track' under the instructions of a track foreman. At the time of the injury he was engaged in replacing old…
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.)
1. It is immaterial whether the defendant was engaged in interstate or intrastate commerce; as the rule of law which requires a servant to assume the ordinary risks of his employment, and makes it his legal duty to exercise his own skill and diligence to protect himself, applies in both cases. Emanuel v. Georgia & Florida Ry. Co., 142 Ga. 543, 546 (83 S. E. 230); Roberts on Injuries to Interstate Employees, 193, 198. The doctrine of assumption of risks is wiped out if the injury is due to a violation of any Federal statute enacted for the safety of…
2Cases cited8 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
- Southern Railway Co. v. CrockettSupreme Court of the United States · 1914
- Thomas v. Georgia Granite Co.Supreme Court of Georgia · 1913
- Reed v. StockmeyerCourt of Appeals for the Seventh Circuit · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Central of Georgia Railway Co. v. LindseyCourt of Appeals of Georgia · 1922
- Pappadea v. CliftonCourt of Appeals of Georgia · 1957
- Hood v. Atlantic Steel Co.Court of Appeals of Georgia · 1923
- Gray v. HinesCourt of Appeals of Georgia · 1920
- Atlantic Refining Co. v. PeersonCourt of Appeals of Georgia · 1922
6 more not listed; retrieve them via the Exa API.