Legal Opinion

Georgia Railroad v. Ivey

Supreme Court of Georgia

Decided September 16, 1884PublishedCited by 23 opinions

Railroads. Damages. Negligence. Master and Servant. Principal and Agent. Practice in Superior Court. Constitutional Law. Before Judge Fort. Clarke Superior Court. May Term, 1884. Mrs. L. D. Ivey brought her action against the Georgia Railroad for the homicide of her husband.

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Railroads. Damages. Negligence. Master and Servant. Principal and Agent. Practice in Superior Court. Constitutional Law. Before Judge Fort. Clarke Superior Court. May Term, 1884. Mrs. L. D. Ivey brought her action against the Georgia Railroad for the homicide of her husband. The declaration alleged'that, “ on- account of negligence of said company or its agents, in not properly and safely constructing the temporary works around said bridge, and the careless handling of heavy timbers by other employés of said company, which were being raised to the top of said bridge, and'the careless knocking…

1Opinion of the Court

Jackson, Chief Justice.

In erecting a bridge across the Oconee river at Athens, in order to enable trains of cars of the Georgia Railroad and Banking Company to enter the town and land passengers and freight at a new depot, an employé of the company was killed by the negligence and carelessness of other employés, all employed in the erection of the bridge, and his widow brought suit, alleging the foregoing facts, for his homicide. A demurrer that the action did not lie, because the doctrine of “ respondeat superior ” did not apply to railroad companies, except in cases connected with running…

2Cases cited4 opinions

  1. Central Railroad & Banking Co. v. KellySupreme Court of Georgia · 1877
  2. Thompson v. Central Railroad & Banking Co.Supreme Court of Georgia · 1875
  3. Campbell v. Atlanta & Richmond Air Line RailroadSupreme Court of Georgia · 1874
  4. Georgia Railroad & Banking Co. v. GoldwireSupreme Court of Georgia · 1876

3Cited by23 opinions

  1. Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
  2. Lavallee v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
  3. Callahan v. St. Louis Merchants' Bridge Terminal RailroadSupreme Court of Missouri · 1902
  4. Ditmyer v. American Liberty InsuranceCourt of Appeals of Georgia · 1968
  5. Florida Central & Peninsular Railroad v. MooneySupreme Court of Florida · 1898

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