Charleston & Western Carolina Railway Co. v. Robinson
Court of Appeals of Georgia
Action for damages; from city court of Richmond county— Judge W. F. Eve. October 17, 1911. The petition alleges, that while the plaintiff was in the employ of the defendant railway company in the capacity of night hostler at its yards in the city of Augusta, it being his duty and that of his engineer to see that the main track in the yard was not blocked at night when engines came into the yard from the main line, he and his engineer, on the night of April 5, 1907, took the…
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Action for damages; from city court of Richmond county— Judge W. F. Eve. October 17, 1911. The petition alleges, that while the plaintiff was in the employ of the defendant railway company in the capacity of night hostler at its yards in the city of Augusta, it being his duty and that of his engineer to see that the main track in the yard was not blocked at night when engines came into the yard from the main line, he and his engineer, on the night of April 5, 1907, took the road engine and removed certain cars from the main track or night track and put them on the side track, and, while…
1Opinion of the CourtRussell, J.
1. Prior to tlie passage of the act of 1909 relating to tlie liability of railroad companies for injuries to employees, the rule as to such liability of a railway was thus stated by the Supreme Court: “An employee can not recover from a railroad company if lie is negligent and his negligence appreciably contributes to his injury” (Little v. Southern Ry. Co., 120 Ga. 347, 47 S. E. 953, 66 L. R. A. 509, 102 Am. St. E. 104); he could not recover if he “immediately or remotely, directly or indirectly, caused the injury, or any part of it, or contributed to it at all.” Prather v. R. & D. R. Co.,…
2Cases cited20 opinions
- Meehan v. ValentineSupreme Court of the United States · 1892
- Kohn v. McNultaSupreme Court of the United States · 1893
- Southern Railway Co. v. HoganSupreme Court of Georgia · 1908
- Bush v. West Yellow Pine Co.Court of Appeals of Georgia · 1907
- Central of Georgia Railway Co. v. MoselySupreme Court of Georgia · 1901
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3Cited by2 opinions
- Elliott v. Tifton Mill & Gin Co.Court of Appeals of Georgia · 1913
- Charleston & Western Carolina Railway Co. v. SylvesterCourt of Appeals of Georgia · 1915