Seaboard Air-Line Railway v. Chapman
Court of Appeals of Georgia
Action for damages, from, city court of Atlanta — -Judge Reid. November 13, 1907. Chapman was employed in the yards of the defendant at Hamlet, North Carolina, as a yard-engineer, and was what is known as an extra man; that is to say, he was not regularly assigned to any particular engine, but was used to fill vacancies caused by the absence of other engineers.
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Action for damages, from, city court of Atlanta — -Judge Reid. November 13, 1907. Chapman was employed in the yards of the defendant at Hamlet, North Carolina, as a yard-engineer, and was what is known as an extra man; that is to say, he was not regularly assigned to any particular engine, but was used to fill vacancies caused by the absence of other engineers. For several days prior to the date on which he was hurt, he had been running a yard-engine, which was regularly operated by engineer Sanders, who was absent on account of sickness. On the morning in question Sanders had returned to…
1Opinion of the CourtPowell, J.
(After stating the facts as above.)
It must be kept in mind throughout this opinion that this cause of action arose in North Carolina, and the substantive rights of the parties are to be measured by the laws of that State. Thus, viewed, we find no error in the charge of the court as to the effect of the plaintiff’s intoxication, so far as the question of contributory negligence is concerned. In that State, it seems, the employee can recover from the employer for the negligence of a fellow servant, subject to the defense of contributory negligence, on the same terms as if the injured employee…
2Cases cited4 opinions
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Smith v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1894
- Smith v. . R. R.Supreme Court of North Carolina · 1894
- Snowball v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1908
3Cited by13 opinions
- Brown v. Rome Machine & Foundry Co.Court of Appeals of Georgia · 1908
- Shuman v. MashburnCourt of Appeals of Georgia · 1976
- Kendrick v. AdamsonCourt of Appeals of Georgia · 1935
- Holden v. McGillicuddyMassachusetts Supreme Judicial Court · 1913
- Williamson v. KiddCourt of Appeals of Georgia · 1941
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