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…
1Opinion of the CourtBeck, J.
(After stating the facts.) Under the decision of this court in the case of Southern Railway Co. v. Grizzle, 124 Ga. 735 (53 S. E. 244, 110 Am. St. R. 191), a railway company and its *124engineer may be jointly sued lor a negligent homicide, where the negligence of the company results solely from the act and conduct of the engineer. And in the case at bar counsel for defendant relies, for authority to support the finding in favor of the plaintiff against the railway company (while in the same verdict the codefendant, the engineer, whose actual negligence is alleged to have caused the homicide, is…
2Cases cited7 opinions
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Doremus v. RootWashington Supreme Court · 1901
- New Orleans & Northeastern Railroad v. JopesSupreme Court of the United States · 1891
- McGinnis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1906
- Southern Railway Co. v. GrizzleSupreme Court of Georgia · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Kuck v. StateSupreme Court of Georgia · 1919
- Barnes v. AshworthSupreme Court of Virginia · 1930
- D. B. Loveman Co. v. BaylessTennessee Supreme Court · 1913
- Roadway Express Inc. v. McBroomCourt of Appeals of Georgia · 1939
47 more not listed; retrieve them via the Exa API.