Central Railroad & Banking Co. v. Attaway
Supreme Court of Georgia
Negligence. Evidence. Charge. Master and servant. Before Judge Ross. City court of Macon. Attaway sued the railroad company for damages on account of injuries alleged to have been caused by a piece of steel which flew into his eye in consequence of the negligent use of defective tools by the boss or overseer under whom he was working as an employee of the defendant.
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Negligence. Evidence. Charge. Master and servant. Before Judge Ross. City court of Macon. Attaway sued the railroad company for damages on account of injuries alleged to have been caused by a piece of steel which flew into his eye in consequence of the negligent use of defective tools by the boss or overseer under whom he was working as an employee of the defendant. It appeared from the evidence that on the day of the injury, the plaintiff, who was a.track-hand, was engaged together with other employees, under the supervision of the section-boss, in repairing the defend- • ant’s track. It…
1Opinion of the Court
Simmons, Justice,
after reciting the above facts, said:
1. Several grounds of the motion for a new trial complain of instructions to the jury as to the right of the plaintiff to recover for negligence in the manner of handling the tools, as well as negligence in having used them in a defective condition. These instructions were alleged to be erroneous because it was not claimed in the plaintiff’s declaration that his injury was caused by the improper handling of the tools. The declaration, however, charged negligence “ in using the defective tools,” and the plaintiff’s evidence tended to show…
2Cases cited7 opinions
- Georgia Railroad & Banking Co. v. NelmsSupreme Court of Georgia · 1889
- Haiman & Brother v. Moses & GerrardSupreme Court of Georgia · 1869
- Ocean Steamship Co. v. WilliamsSupreme Court of Georgia · 1883
- Savannah, Florida & Western Railway v. BarberSupreme Court of Georgia · 1884
- Howard v. BarrettSupreme Court of Georgia · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
- Gainesville & Northwestern Railroad v. GallowayCourt of Appeals of Georgia · 1916
- Howard v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1926
- Collum v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1913
23 more not listed; retrieve them via the Exa API.