Roul v. East Tennessee, Virginia & Georgia Railway Co.
Supreme Court of Georgia
Negligence. Railroads. Master and servant. Before Judge Marshall J. Clarke. Fulton superior court. September term, 1889. Roul sued for damages. The testimony tended to show the following: He was employed as a fireman on an engine of defendant. He had no particular runs to make, but the way he was to go was decided by Tracy, who was the foreman of the round-house. Tracy makes out the board and tells the different engineers and firemen to go out.
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Negligence. Railroads. Master and servant. Before Judge Marshall J. Clarke. Fulton superior court. September term, 1889. Roul sued for damages. The testimony tended to show the following: He was employed as a fireman on an engine of defendant. He had no particular runs to make, but the way he was to go was decided by Tracy, who was the foreman of the round-house. Tracy makes out the board and tells the different engineers and firemen to go out. They are employed by the master-mechanic. Plaintiff was under Tracy, and had been a fireman for five or six months. Early in the morning of May 31,…
1Opinion of the Court
Simmons, Justice.
Under the facts as disclosed by the record, there was no error in granting a nonsuit in this case. The facts show, in brief, that the plaintiff undertook to get upon an engine which was running at the rate of from six to twelve miles per hour. It seems to us that any man of common sense would have known that it was a rash and dangerous attempt. It is claimed, however, that he was justified because he was ordered to do so by his boss or superior. The evidence does not show *200that the boss ordered him to get on the engine while it was moving at this rate of speed; and the action…
2Cases cited4 opinions
- Baker v. Western & Atlantic RailroadSupreme Court of Georgia · 1882
- Bell v. Western & Atlantic RailroadSupreme Court of Georgia · 1883
- Western & Atlantic Railroad v. AdamsSupreme Court of Georgia · 1875
- Galloway v. Western & Atlantic RailroadSupreme Court of Georgia · 1876
3Cited by9 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Mayfield v. Savannah, Griffin & North Alabama RailroadSupreme Court of Georgia · 1891
- Haywood v. Galveston, Harrisburg & San Antonio Railway Co.Court of Appeals of Texas · 1905
- Southern Railway Co. v. ParhamCourt of Appeals of Georgia · 1912
- Mason v. PostSupreme Court of Virginia · 1906
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