Hawkins v. Central of Georgia Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Bartlett. Polk superior court. August 1, 1903. The action was against the Central of Georgia Railway Company (hereinafter called the Central company), for injuries from having been run over by an engine of the Chattanooga, Rome & Southern Railroad Company (hereinafter called the Chattanooga company), in Polk county, July 26, 1900. The petition alleged, that on May 16, 1901, the Chattanooga company sold to the Central company, and made a deed…
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Action for damages. Before Judge Bartlett. Polk superior court. August 1, 1903. The action was against the Central of Georgia Railway Company (hereinafter called the Central company), for injuries from having been run over by an engine of the Chattanooga, Rome & Southern Railroad Company (hereinafter called the Chattanooga company), in Polk county, July 26, 1900. The petition alleged, that on May 16, 1901, the Chattanooga company sold to the Central company, and made a deed (a copy of which was attached as an exhibit) conveying to it all of the railroad, real estate, personal property,…
1Opinion of the CourtLamar, J.
There is conflict in the authorities as to how far a lessor corporation, charged with a public duty, is liable for the acts of its lessee. But whatever the rule elsewhere, unless there is a legislative exemption, our statute (Civil Code, § 1864) preserves to the public the liability of the vendor or lessor company, preventing it from escaping responsibility by a transfer of its property or franchises to a non-resident or insolvent, or even to a resident and solvent grantee. Singleton v. S. W. R. R., 70 Ga. 468; Hart v. R. R., 33 S. C. 427; Harman v. R. R., 28 S. C. 401; contra, Arrowsmith v.…
2Cases cited18 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- National Bank v. Grand LodgeSupreme Court of the United States · 1878
- Arrowsmith v. Nashville & D. R.U.S. Circuit Court for the District of Tennessee · 1893
- Singleton v. Southwestern RailroadSupreme Court of Georgia · 1883
- Hoard v. Chesapeake & Ohio RailwaySupreme Court of the United States · 1887
13 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Sheppard v. BridgesSupreme Court of Georgia · 1912
- Shropshire v. RaineySupreme Court of Georgia · 1920
- Central of Georgia Railway Co. v. LeonardCourt of Appeals of Georgia · 1934
- Atlantic & Birmingham Railway Co. v. JohnsonSupreme Court of Georgia · 1907
- Georgia Railroad & Banking Co. v. HaasSupreme Court of Georgia · 1906
31 more not listed; retrieve them via the Exa API.