Cooper v. Mullins
Supreme Court of Georgia
Case, in Fulton Superior Court. Tried before Judge Bull at April Term, 1857. This was an action brought by James Mullins against James F. Cooper, superintendent of the Western and Atlantic Railroad, to recover damages for an injury, received by the plaintiff, and resulting from a collision of trains running on said road.
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Case, in Fulton Superior Court. Tried before Judge Bull at April Term, 1857. This was an action brought by James Mullins against James F. Cooper, superintendent of the Western and Atlantic Railroad, to recover damages for an injury, received by the plaintiff, and resulting from a collision of trains running on said road. Plaintiff proved by the attending physicians the nature and extent of the injury he received; that his left arm was broken in several places; the elbow was seriously and materially injured; that the injury was received in September, 1855, and that he was confined, by reason…
1Opinion of the Court
By the Court
Stephens, J.,
delivering the opinion.
1. The general rule is, that whoever is injured by the negligence of a servant in his master’s business, is entitled to redress from the master. The railroad, in this case, claims an exception against other servants of the same master. Such an exception has been recognized in some modern cases, but when confined within the reason on which it is founded, it can have no application to this case. That reason is one of public policy to secure to the public a more faithful service from employees on railroads, steamboats and other branches of business…
2Cases cited1 opinion
- Scudder v. WoodbridgeSupreme Court of Georgia · 1846
3Cited by30 opinions
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- City Council of Augusta v. OwensSupreme Court of Georgia · 1900
- Krogg v. Atlanta & West Point RailroadSupreme Court of Georgia · 1888
- Western Union Telegraph Co. v. RogersMississippi Supreme Court · 1891
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