Legal Opinion

Prather v. Richmond & Danville Railroad

Supreme Court of Georgia

Decided July 11, 1888PublishedCited by 20 opinions

Railroads. Fellow-servants. Negligence. Charge of court. Evidence. Before Judge Yan Epps. City court of Atlanta. December term, 1886. The following is added as supplemental to the report contained-in the decision: The plaintiff’s husband was one of a gang employed on defendant’s material train, to load and unload the cars.

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Railroads. Fellow-servants. Negligence. Charge of court. Evidence. Before Judge Yan Epps. City court of Atlanta. December term, 1886. The following is added as supplemental to the report contained-in the decision: The plaintiff’s husband was one of a gang employed on defendant’s material train, to load and unload the cars. This train was used to haul rails, cross-ties, sand and other materials up and down the road to keep the track in repair, working on the track between the schedules of the regular trains, and having work to do and materials to deliver at different points. It was customary…

1Opinion of the Court

Simmons, Justice.

This case comes here on a writ of error sued out by the plaintiff, because she alleges that the court below erred in refusing her a new trial. There are twelve grounds taken in the motion. The first two were not insisted on before us, the counsel admitting that if the court had committed no error, there was sufficient evidence to sustain the verdict. It therefore becomes necessary for us to examine the alleged errors of law, and determine from them whether the plaintiff in error is entitled to a new trial or not. We begin with the third ground of the motion, which is:(3)…

2Cases cited3 opinions

  1. Central Railroad v. MitchellSupreme Court of Georgia · 1879
  2. Atlanta & Charlotte Air Line Railway v. RaySupreme Court of Georgia · 1883
  3. Atlanta & Richmond Air Line Railway Co. v. AyersSupreme Court of Georgia · 1874

3Cited by20 opinions

  1. Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
  2. Moore v. Dublin Cotton MillsSupreme Court of Georgia · 1907
  3. Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
  4. Ellington v. Beaver Dam Lumber Co.Supreme Court of Georgia · 1893
  5. Burch v. Southern Pacific Co.Nevada Supreme Court · 1909

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