Bain v. Athens Foundry & Machine Works
Supreme Court of Georgia
Negligence. Homicide. Husband and Wife. Words and Phrases. Master and Servant. Charge of Court. Verdict. Before Judge Hutchins. ,, Clarke Superior Court.
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Negligence. Homicide. Husband and Wife. Words and Phrases. Master and Servant. Charge of Court. Verdict. Before Judge Hutchins. ,, Clarke Superior Court. May Term, 1885. Mary A. Bain brought suit against the Athens Foundry and Machine Works to recover for the homicide of her husband, laying her damages at;$25,000.00. On the trial, the evidence for the plaintiff was, in brief, as follows: On September 6,1882, the husband of the plaintiff was employed as foreman in the wood department in the works of the defendant, and had been so employed for a number of years: The company was enlarging its…
1Opinion of the Court
Blandford, Justice.
A verdict having gone in favor of defendant, the plaintiff moved the court for a new trial, which was refused.
The court charged the jury that, if the defendant was negligent, such negligence should amount to criminal neg*725ligence before the plaintiff could recover; but the charge fell far short of giving the whole law in charge to the jury. He should have stated that, if the evidence showed that the blast followed the direction of the hole drilled, and if the hole was so drilled as to direct the blast against a house near by, in which there were a number of individuals, among…
2Cited by14 opinions
- Krogg v. Atlanta & West Point RailroadSupreme Court of Georgia · 1888
- Ellington v. Beaver Dam Lumber Co.Supreme Court of Georgia · 1893
- John H. Jackson v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1963
- Brush Electric Light & Power Co. v. WellsSupreme Court of Georgia · 1900
- Hare v. Southern Railway Co.Court of Appeals of Georgia · 1939
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