Emanuel v. Georgia & Florida Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Rawlings. Emanuel superior court. July 16, 1913. Emanuel sued the Georgia and Florida Railway Company for damages, alleging, among other things, as follows: His duties were only to labor as a section-hand. The hands were carried to and from work on a gasoline-motor-car. It was no part of his duty to operate, manage, inspect, repair, or care for the car. He was ignorant of machinery, and could not have discovered a defect in it by inspection.
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Action for damages. Before Judge Rawlings. Emanuel superior court. July 16, 1913. Emanuel sued the Georgia and Florida Railway Company for damages, alleging, among other things, as follows: His duties were only to labor as a section-hand. The hands were carried to and from work on a gasoline-motor-car. It was no part of his duty to operate, manage, inspect, repair, or care for the car. He was ignorant of machinery, and could not have discovered a defect in it by inspection. On the day in question the plaintiff was being transported from his place of work- into Oak Park. At a point about^…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) The petition was dismissed on general demurrer. It was contended that the plaintiff assumed the risk of the danger arising from the defective motorcar, and that this appeared upon the face of the petition. By the Civil Code (1910), § 2782, it is declared: "Every common carrier by railroad shall be liable in damages to any person suffering injury while he is employed by such carrier, or, in case of death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband, or child, or children of such employee, . . for…
2Cases cited16 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Brown v. Rome Machine & Foundry Co.Court of Appeals of Georgia · 1908
- Atlanta & Charlotte Air Line Railway v. RaySupreme Court of Georgia · 1883
- Barker v. Kansas City, Mexico & Orient Railway Co.Supreme Court of Kansas · 1913
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Macon, Dublin & Savannah Railroad v. MusgroveSupreme Court of Georgia · 1916
- Pollard v. WeeksCourt of Appeals of Georgia · 1939
- Western & Atlantic Railroad v. LochridgeCourt of Appeals of Georgia · 1929
- Dunbar v. HinesSupreme Court of Georgia · 1922
- Hightower v. Southern Railway Co.Supreme Court of Georgia · 1916
8 more not listed; retrieve them via the Exa API.