McDonald v. Eagle & Phenix Manufacturing Co.
Supreme Court of Georgia
Damages. Negligence. Master and Servant. Torts. Before Judge Willis. Muscogee Superior Court. May Term, 1881. Charlotte McDonald, the widow of Absolom McDonald, brought suit against the Eagle and Phenix Manufacturing Company for the homicide of her husband.
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Damages. Negligence. Master and Servant. Torts. Before Judge Willis. Muscogee Superior Court. May Term, 1881. Charlotte McDonald, the widow of Absolom McDonald, brought suit against the Eagle and Phenix Manufacturing Company for the homicide of her husband. The body of her declaration was as follows: “For that heretofore, to-wit, on the —— day of June, 1879, at the request of defendant, Absolom McDonald, who was her lawful husband, and up to the time the injuries hereinafter stated were received by him, was a carpenter by trade, forty-seven years old, in good health and of a strong…
1Opinion of the Court
“The principal is liable for his own negligence-or misconduct, and hence his liability rests on his own negligence or misconduct in the employment of his agents; and if he uses ordinary diligence in employing competent men it is enough to relieve him. He is not liable for the negligence of a fellow-servant while engaged in the same employment, unless he has been negligent in the selection of that servant, or retained him after knowledge of his incompetency. Nor will the fact that the person is found incompetent, of itself, and without more, show negligence of the master ; but it must further…
2Cited by5 opinions
- Cates v. ItnerSupreme Court of Georgia · 1898
- McGovern v. Columbus Manufacturing Co.Supreme Court of Georgia · 1888
- Moore v. King Manufacturing Co.Supreme Court of Georgia · 1906
- Kerr v. Crown Cotton MillsSupreme Court of Georgia · 1898
- Stevens v. Bibb Manufacturing Co.Court of Appeals of Georgia · 1915