Pounds v. Central of Georgia Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Charlton. Chatham superior court. June 11, 1913. Beulah E. Pounds brought suit against the Central of Georgia Railway Company, for damages resulting from the homicide of her husband, Ernest T. Pounds, who, while a passenger, was killed by Charles H. Fennell in the defendant’s station at Savannah.
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Action for damages. Before Judge Charlton. Chatham superior court. June 11, 1913. Beulah E. Pounds brought suit against the Central of Georgia Railway Company, for damages resulting from the homicide of her husband, Ernest T. Pounds, who, while a passenger, was killed by Charles H. Fennell in the defendant’s station at Savannah. She alleged the following: On August 27, 1911, it was the duty of Fennell to act as watchman and policeman at the defendant’s passenger-station, and to preserve order, quell disturbances, and eject disorderly passengers; and to aid him in the performance of this duty…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) This ease turns on the question, whether the policeman who shot and killed the husband of plaintiff was an officer of the City of Savannah, and was acting as such in the discharge of his functions as policeman; or whether he was the servant of the railway company, and acting as such as to a private duty imposed on him by the order or rules of the company. If the policeman was acting as an officer of the city at the time of the homicide, the city would not be liable; for the reason that the policeman was in the discharge of a governmental function, and in…
2Cases cited4 opinions
- McKain v. Baltimore & Ohio R. R. Co.West Virginia Supreme Court · 1909
- Cook v. Mayor of MaconSupreme Court of Georgia · 1875
- Tabb v. MalletteSupreme Court of Georgia · 1904
- Bright v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1913
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- Massachusetts Cotton Mills v. HawkinsSupreme Court of Georgia · 1927
- Jordan v. City of RomeCourt of Appeals of Georgia · 1992
- McClure Ten Cent Co. v. HumphriesCourt of Appeals of Georgia · 1923
- Collier v. SchoenbergCourt of Appeals of Georgia · 1921
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