Central Railroad & Banking Co. v. Kenney
Supreme Court of Georgia
Railroads. Master and Servant. Negligence. Before Judge Hall. Henry Superior Court. April Term, 1876. Kenney brought case against tbe Central Railroad and Banking Company for $20,000.00 damages. His declaration alleged, substantially, as follows : On February 25th, 18J5, plaintiff was in the employ of the defendant in the capacity of ovejgger of the East Point, section, number 12, Atlanta division, of the defendant’s road.
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Railroads. Master and Servant. Negligence. Before Judge Hall. Henry Superior Court. April Term, 1876. Kenney brought case against tbe Central Railroad and Banking Company for $20,000.00 damages. His declaration alleged, substantially, as follows : On February 25th, 18J5, plaintiff was in the employ of the defendant in the capacity of ovejgger of the East Point, section, number 12, Atlanta division, of the defendant’s road. In the discharge of his duties, and under the direction of the defendant, he was running on what is known as the supervisor’s crank-car, over defendant’s track, at Hampton.…
1Opinion of the Court
Bleckley, Judge.
1. Let the word blame, as here used, be understood to mean negligence, or the omission of that degree of diligence to which the party is legally bound. Where a railroad employee has been physically injured while on duty, he cannot recover of the company if both were to blame, or if neither was to blame, or if he was to blame and the company not; only where he was not to blame and the company was, is he entitled to recover. Of course, the blame of a co-employee, or of any officer or agent, is treated as that of the company itself. Concerning one class of cases, namely, that…
2Cases cited2 opinions
- Atlanta & Richmond Air Line Railway Co. v. CampbellSupreme Court of Georgia · 1876
- Johnson v. Western & Atlantic RailroadSupreme Court of Georgia · 1875
3Cited by23 opinions
- Wells v. CoeSupreme Court of Colorado · 1886
- Central Railroad v. MitchellSupreme Court of Georgia · 1879
- Florida Central & Peninsular Railroad v. MooneySupreme Court of Florida · 1898
- Stewart v. Seaboard Air Line RailwaySupreme Court of Georgia · 1902
- Augusta Southern Railroad v. McDadeSupreme Court of Georgia · 1898
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