Georgia, Carolina & Northern Rwy. Co. v. Hallman
Supreme Court of Georgia
Action for damages. Before Judge Hutchins. Gwinnett superior court. September term, 1894. The widow of Hallman sued the railroad company for his homicide, and obtained a verdict. The company moved on the general grounds for a new trial, and the motion was denied.
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Action for damages. Before Judge Hutchins. Gwinnett superior court. September term, 1894. The widow of Hallman sued the railroad company for his homicide, and obtained a verdict. The company moved on the general grounds for a new trial, and the motion was denied. It appears, that Hallman was the conductor of a construction train consisting of an engine, eighteen or twenty flat cars, and four shanty-cars at the other end, the latter being ordinary box-cars with windows, used for eating and sleeping by the laborers of the train. He had been so employed about ten days or two weeks, taking the…
1Opinion of the CourtLumpkin, J.
There being clear and uncontradicted evidence that the plaintiff’s husband, an employee of the railway company, was himself guilty of negligence in bringing about, and contributing to, the casualty by which his death was occasioned, she was not entitled to recover, and the court erred in denying a new trial. Judgment reversed.
Harding testified: I was acquainted with the car. Its condition was not good. I had reported it. It had no observatory on top, or elevated place. The signal could be seen better on top of this car. The condition of all of the shanties had been reported to the roadmaster…
2Cited by3 opinions
- Happy Valley Farms Inc. v. WilsonSupreme Court of Georgia · 1941
- Chattanooga Southern Railroad v. MyersSupreme Court of Georgia · 1900
- Western & Atlantic Railroad v. HerndonSupreme Court of Georgia · 1901