Hubbard v. Central of Georgia Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Cann. Chatham superior court. July 18, 1907. W. S. Hubbard brought an action against the Central of Georgia Railway Company, for the -recovery of damages for the loss of services of his minor son, D. E. Hubbard.
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Action for damages. Before Judge Cann. Chatham superior court. July 18, 1907. W. S. Hubbard brought an action against the Central of Georgia Railway Company, for the -recovery of damages for the loss of services of his minor son, D. E. Hubbard. The substance of the .petition, now material, was: Plaintiff’s son was in the employment of the defendant as a flagman; and while standing on the top of a freight-car of defendant, in the discharge of his duties, in the State of Alabama, was struck by a wire stretched over and across,,the track upon which the car was running, and thereby pulled- from…
1Opinion of the CourtFish, C. J.
(After stating the facts.)
As will have been noticed, in reading the above statement of facts, the ease was not laid upon any alleged common-law. liability of a master to his servant for injuries caused by a defect in the premises or appliances of the business, but was expressly and specifically predicated, in the petition, alone upon the statute of Alabama, which was in terms set forth, and the liability claimed was definitely based upon that portion of subdivision 1 of the statute quoted, which provides that the employer shall be liable when a personal injury received by his employee is…
2Cases cited14 opinions
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Mobile & Birmingham Railway Co. v. HolbornSupreme Court of Alabama · 1887
- Louisville & Nashville Railroad v. BouldinSupreme Court of Alabama · 1895
- Northern Alabama Railway Co. v. MansellSupreme Court of Alabama · 1903
- Highland Avenue Belt Railroad v. WaltersSupreme Court of Alabama · 1890
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3Cited by3 opinions
- Krites v. PlottSupreme Court of North Carolina · 1943
- Kansas City & Memphis Railway Co. v. HuffSupreme Court of Arkansas · 1915
- Hicks v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1915