Southern Railway Co. v. Harbin
Supreme Court of Georgia
Action for damages. Before Judge Pendleton. Eulton superior court. July 21, 1909. W. J. Harbin brought suit against the Southern Railway Company and James Michael, to recover damages for the homicide of a son, James Harbin, who was struck and killed by a locomotive of the defendant company which was being operated on' its tracks by the codefendant, James Michael, who was an engineer in the employment of the company.
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Action for damages. Before Judge Pendleton. Eulton superior court. July 21, 1909. W. J. Harbin brought suit against the Southern Railway Company and James Michael, to recover damages for the homicide of a son, James Harbin, who was struck and killed by a locomotive of the defendant company which was being operated on' its tracks by the codefendant, James Michael, who was an engineer in the employment of the company. The suit was “brought jointly against said defendants for their concurrent acts of negligence which caused the homicide.” It was alleged in the petition, that the decedent was in…
1DissentHolden, J.
I can not concur in the ruling made by a majority of the court, and must dissent from the judgment of reversal. In a suit for' damages brought against a railroad company and its engineer for the killing of the son of the plaintiff, . where the sola ground upon which liability of the defendants is claimed is the misfeasance of the engineer, the servant of the company, in operating one of its trains, it is not proper to rule that a verdict in favor of the engineer and against the company can not stand because it is contradictory. If the proof of the facts raising a *127presumption that the railroad…
2Cases cited1 opinion
- Southern Railway Co. v. CashSupreme Court of Georgia · 1908