Legal Opinion

Stirk v. Central Railroad & Banking Co.

Supreme Court of Georgia

Decided January 30, 1888PublishedCited by 14 opinions

Railroads. Negligence. Nonsuit. Master and Servant. Evidence. Costs. Abatement. Before Judge John T. Clarke. Bibb Superior Court. October Term, 1886. Reported in the decision.

1Opinion of the Court

Blandford, Justice.

Martha Stirk brought her action against the Central Railroad and Banking Company to recover damages for the homicide of her husband. After she had submitted her evidence, the court granted a nonsuit; and to this she excepted. The evidence submitted in behalf of the plaintiff in the court below was, in substance, as follows: Stirk was an employé of the Central railroad, and was a train hand. At Smithville, while the cars were en route, a car belonging to the Green Line Company was introduced into the train. It was a different kind of car from those ordinarily used by the…

2Cases cited3 opinions

  1. Langston v. MarksSupreme Court of Georgia · 1882
  2. Crawford v. CateSupreme Court of Georgia · 1856
  3. Lyner v. JacksonSupreme Court of Georgia · 1856

3Cited by14 opinions

  1. Smith v. Floyd CountySupreme Court of Georgia · 1890
  2. Wright v. JettSupreme Court of Georgia · 1904
  3. Lay v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of Georgia · 1908
  4. King v. Seaboard Air-Line RailwayCourt of Appeals of Georgia · 1907
  5. Atchison, Topeka & Santa Fe Railroad v. RowanSupreme Court of Kansas · 1895

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