Taylor v. Georgia Marble Co.
Supreme Court of Georgia
Action for damages. Before Judge Gober. Pickeus superior court. September term, 1895. . The petition as amended alleged: On November 14, 1894, defendant, though having no charter as a railroad company of Georgia, was acting as a railroad company, doing business as such in Pickens county, engaged in running and operating a railroad and running a train of cars thereon, and was engaged in the business of 'hauling freight thereon for itself and others.
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Action for damages. Before Judge Gober. Pickeus superior court. September term, 1895. . The petition as amended alleged: On November 14, 1894, defendant, though having no charter as a railroad company of Georgia, was acting as a railroad company, doing business as such in Pickens county, engaged in running and operating a railroad and running a train of cars thereon, and was engaged in the business of 'hauling freight thereon for itself and others. Plaintiff was in its employment as brakeman and car-coupler on said train. One McHan was the engineer of the train, and was in sole charge thereof…
1Opinion of the Court
Atkinson, Justice.
1. The liability of the defendant in the present case is referable to the general law bearing upon the relation of master and servant; for, while the defendant was engaged in running and operating a railway train, it was a mere private institution, not operated under and by virtue of any franchise granted by the State, and therefore does not fall within the provisions of our code imposing liability upon railroad companies in favor of an employee injured, when without fault himself, in consequence of the negligence of a fellow-servant. The sole question for determination is…
2Cases cited2 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Atlanta Cotton Factory Co. v. SpeerSupreme Court of Georgia · 1883
3Cited by10 opinions
- Moore v. Dublin Cotton MillsSupreme Court of Georgia · 1907
- International Cotton Mills v. WebbCourt of Appeals of Georgia · 1918
- Fowler v. Southern Wire & Iron, Inc.Court of Appeals of Georgia · 1961
- McDuffie v. Ocean Steamship Co.Court of Appeals of Georgia · 1908
- Holliday v. Merchants & Miners Transportation Co.Supreme Court of Georgia · 1926
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