Martin v. Wallace
Supreme Court of Georgia
Railroads. Liability for killing Confederate States Soldier. Decided by Judge Pope. Fulton Superior Court. November Term, 1869. Nancy Martin, in 1866, sued Wallace, as Superintendent of the Western and Atlantic Railroad, for killing her husband.
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Railroads. Liability for killing Confederate States Soldier. Decided by Judge Pope. Fulton Superior Court. November Term, 1869. Nancy Martin, in 1866, sued Wallace, as Superintendent of the Western and Atlantic Railroad, for killing her husband. She averred that he was killed by the careless running of the trains of said road on the 14th of September, 1863, and, in one count, that he was a passenger on said road at the time, having paid his fare, and in another count, that he was a soldier and officer of the Confederate States army, going on defendant’s train by order of his'superior officer…
1Opinion of the Court
Brown, C. J.,
The declaration in this case distinctly alleges that the deceased husband of the plaintiff “ was a soldier and officer in the army of the Confederate States, owing service, fidelity and allegiance to the same;” that he was ordered by his superior officer to enter the cars of the Western and Atlantic Railroad, and proceed to a point on that road; that the Superintendent of the road was carrying soldiers on said road for hire and reward, paid by the authorities of said Confederate States, and that, therefore, and in consideration of the hire and reward so paid and agreed upon, and…
2Cited by11 opinions
- Hughes v. Atlanta Steel Co.Supreme Court of Georgia · 1911
- McNeill v. Railroad Co.Supreme Court of North Carolina · 1904
- Adams v. SmithCourt of Appeals of Georgia · 1973
- Allen v. GorntoCourt of Appeals of Georgia · 1959
- Little v. Southern Railway Co.Supreme Court of Georgia · 1904
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