Bowers v. Southern Railway Co.
Court of Appeals of Georgia
Action for damages; from city court of Atlanta — Judge Eeid. The plaintiff’s husband (on whose estate she was administratrix) was killed on an interstate train. He was a fireman of the defendant, engaged in interstate commerce. The plaintiff originally brought suit in two counts under the South Carolina statute, and two counts under the Federal statute; but the court excluded the two counts- under the South Carolina statute, upon the ground that the Federal statute applied.
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Action for damages; from city court of Atlanta — Judge Eeid. The plaintiff’s husband (on whose estate she was administratrix) was killed on an interstate train. He was a fireman of the defendant, engaged in interstate commerce. The plaintiff originally brought suit in two counts under the South Carolina statute, and two counts under the Federal statute; but the court excluded the two counts- under the South Carolina statute, upon the ground that the Federal statute applied. The death of the intestate while working as a fireman on an interstate train, administration, earning capacity, number…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
The case, as has been said already, arises under the act of Congress filing the liability of interstate railroads for injuries to their employees, and is determinable by its provisions. Under that act the doctrine of respondeat superior applies in favor of an injured servant, and what is known as the “fellow-servant doctrine” is practically abolished. Contributory negligence on the part of the injured servant diminishes, but does not defeat, a recovery. The defense of assumption of risk was not abolished, however, except in cases where the servant was…
2Cases cited2 opinions
- Andrews & Co. v. KinselSupreme Court of Georgia · 1901
- Atlantic Coast Line Railroad v. DanielsCourt of Appeals of Georgia · 1911
3Cited by31 opinions
- Warner v. ArnoldCourt of Appeals of Georgia · 1974
- Gulf Oil Corporation v. StanfieldSupreme Court of Georgia · 1957
- Hulsey v. HightowerCourt of Appeals of Georgia · 1931
- Atlanta Baseball Co. v. LawrenceCourt of Appeals of Georgia · 1928
- Wright v. Southern Railway Co.Court of Appeals of Georgia · 1940
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