Killian v. Augusta & Knoxville Railroad
Supreme Court of Georgia
Railroads. Damages. Negligence. Master and Servant. Pleadings. Interrogatories. Practice in Superior Court. Evidence. Charge of Court. Before Judge Roney. Richmond Superior Court.
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Railroads. Damages. Negligence. Master and Servant. Pleadings. Interrogatories. Practice in Superior Court. Evidence. Charge of Court. Before Judge Roney. Richmond Superior Court. April Adjourned Term, 1887. In connection With the report contained in the decision, it is proper to state that, in submitting the case to (he jury, the court gave, among others, the following instructions, which formed grounds of the motion for a new trial by the defendant: “ Where a railroad permits other companies or persons to exercise the franchise of running cars drawn by steam over its road, the company…
1Opinion of the Court
Simmons, Justice.
Catherine E. Killian brought suit against the Augusta and Knoxville Railroad Company for damages. She alleged that her husband, John H. Killian,, was an employe of the defendant, and while engaged in the performance of his duties as such, without any fault or negligence on .his part and by the fault and negligence of the defendant, was thrown from a train of cars and run over and killed. She alleged that the fault and negligence of the railroad company consisted in the violation of the ordinance of the city of Augusta, which prohibits the running of railroad cars through its…
2Cases cited1 opinion
- Macon & Augusta Railroad v. Moses & MayesSupreme Court of Georgia · 1873
3Cited by16 opinions
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- Wright v. DilbeckCourt of Appeals of Georgia · 1970
- Farrar v. FarrarCourt of Appeals of Georgia · 1930
- Central of Georgia Railway Co. v. LeonardCourt of Appeals of Georgia · 1934
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