Louisville & Nashville Railroad v. Curry
Court of Appeals of Georgia
Action for damages; from . city court of Richmond county— Judge W. F. Eve. December 3, 1910. The plaintiffs in error, as lessees of the Georgia Railroad, were sued for the homicide of the plaintiff’s son.
Read the full summary
Action for damages; from . city court of Richmond county— Judge W. F. Eve. December 3, 1910. The plaintiffs in error, as lessees of the Georgia Railroad, were sued for the homicide of the plaintiff’s son. The first count of the petition alleged, in brief, that the decedent, in the course of his employment as a train-hand of the defendants, went from Union Point, where he resided, to Augusta, in the afternoon, and was scheduled to go out on his regular run on a train leaving Augusta the next morning; that it was the custom of the decedent and other trainmen living at points along the line of…
1Opinion of the CourtHill, C. J.
Under the allegations of the petition the decedent, when killed by the running of the engine and cars, was either an employee or a licensee. Both counts .of the petition show a cause of action, and there was no error in overruling the demurrer filed thereto.
Judgment affirmed.
The second count contained the same allegations, except that, instead of alleging that the locomotive was being operated by employees of the defendants, it alleged that the locomotive was being operated by agents and servants of the Charleston & Western Carolina Bailway Company, and was there with the knowledge and…
2Cases cited20 opinions
- Mandeville Mills v. DaleCourt of Appeals of Georgia · 1907
- Bullard v. Southern Railway Co.Supreme Court of Georgia · 1902
- Southern Railway Co. v. HoganSupreme Court of Georgia · 1908
- Macon & Augusta Railroad v. Moses & MayesSupreme Court of Georgia · 1873
- Shaw v. Georgia RailroadSupreme Court of Georgia · 1906
15 more not listed; retrieve them via the Exa API.