Hudson v. Georgia Pacific Railway Co.
Supreme Court of Georgia
Nonsuit. Railroads. Negligence. Master and servant. Evidence. Practice. Before Judge Van Epps. City court of Atlanta. December term, 1889. Hudson sued for damages. On the trial the testimony offered by him tended to show the following: On June 2, 1888, he was working for 'the railway company as flagman, and had been so working about four months. He left Atlanta on the evening before, on a train of defendant bound for Birmingham.
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Nonsuit. Railroads. Negligence. Master and servant. Evidence. Practice. Before Judge Van Epps. City court of Atlanta. December term, 1889. Hudson sued for damages. On the trial the testimony offered by him tended to show the following: On June 2, 1888, he was working for 'the railway company as flagman, and had been so working about four months. He left Atlanta on the evening before, on a train of defendant bound for Birmingham. His place . on that train, while it was in motion, was in the cab, the doors of which were just like the doors of a box-car. The usual and customary way of giving…
1Opinion of the Court
Simmons, Justice.
1. The facts of this case will be found in the official report. Hnder those facts, we think the court erred in awarding a nonsuit. We think the court should have submitted to the j ury the question whether the plaintiff was acting in the line of his duty in giving the signal to the engineer, or whether he was assuming to act in the capacity of conductor in giving the signal without being specially directed to do so at that time by the conductor, the testimony showing that he had orders from-the conductor on several other occasions to give the signal when it could be done from…
2Cases cited1 opinion
- Central Railroad & Banking Co. v. SimsSupreme Court of Georgia · 1888
3Cited by6 opinions
- Frazier v. Southern Railway CompanySupreme Court of Georgia · 1946
- Buchanan v. JamesSupreme Court of Georgia · 1910
- Walker v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1933
- Willis v. Seiberling Rubber Co.Court of Appeals of Georgia · 1931
- Bell v. Mutual Federal Savings & Loan Ass'nCourt of Appeals of Georgia · 1963
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