Payne v. Demott
Court of Appeals of Georgia
Action for damages; from city court of Thomasville — H. H. Merry, judge pro hac vice. August 9, 1920. This action was brought against the director-general of railroads, operating the Atlantic Coast Line Eailroad. The allegations of the plaintiff’s petition as amended were in substance as follows: He was employed by the defendant as a boiler maker, and it was his duty to do general repair work on the defendant’s boilers when ordered to do so by his superior' officers.
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Action for damages; from city court of Thomasville — H. H. Merry, judge pro hac vice. August 9, 1920. This action was brought against the director-general of railroads, operating the Atlantic Coast Line Eailroad. The allegations of the plaintiff’s petition as amended were in substance as follows: He was employed by the defendant as a boiler maker, and it was his duty to do general repair work on the defendant’s boilers when ordered to do so by his superior' officers. On July 30, 1919, at 10 o’clock p. m., he was directed by his superior officer, the night foreman of the defendant’s shops, to…
1Opinion of the CourtHill, J.
(After stating the foregoing facts). 1. The view we take of the second question makes it unnecessary to consider at length the questions of law arising on the demurrer and the .liability of the defendant under the evidence. It is sufficient to state that in the opinion of this court the allegations of the petition set out a cause of action, and these allegations were substantially proved by plaintiff. The issues presented by the evidence, under the statutes of this State and the decisions of the Supreme Court and of the Court of Appeals, as to the questions of diligence and negligence, are…
2Cases cited7 opinions
- Minneapolis & St. Louis Railroad v. WintersSupreme Court of the United States · 1917
- Southern Cotton-Oil Co. v. GladmanCourt of Appeals of Georgia · 1907
- Atlanta & Birmingham Air-Line Railway v. McManusCourt of Appeals of Georgia · 1907
- Cherokee Brick Co. v. HamptonCourt of Appeals of Georgia · 1915
- Chicago, R. I. & P. Ry. Co. v. CroninSupreme Court of Oklahoma · 1918
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3Cited by2 opinions
- Gray v. PayneCourt of Appeals of Georgia · 1921
- Kepner v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Missouri · 1929