Christian v. Columbus & R. Ry. Co.
| Decision Date | 03 March 1888 |
| Citation | 7 S.E. 216,79 Ga. 460 |
| Parties | CHRISTIAN v. COLUMBUS & R. R. CO. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
A railroad company is liable in damages for the wrongful homicide of its customer committed by its depot agent in his office while the customer was lawfully there for the transaction of business with such agent appertaining to his agency. This results from the Code, § 3033, which renders all railroad companies liable for damages done by any person in their employment and service, unless their agents have exercised all ordinary care and diligence. [1]
While as a general rule, any mental disease or infirmity which would excuse the agent from criminal responsibility would also excuse the company from civil responsibility, this would not be available if the company employed the agent, and assigned him to duty, with knowledge of his insane condition or of his being subject to sudden fits of insanity.
No matter where the contract of employment by the company with the agent was made, the homicide being committed at the place where the agent was assigned to duty, and where he was serving the company at the time of the wrongful act, the cause of action originated at that place, and the superior court of that county has jurisdiction. Code, § 3406; Railroad Co. v. Oaks, 52 Ga. 410, (3.)
Error from superior court, Harris county; WILLIS, Judge.
L. F Garrard, for plaintiff in error.
Peabody, Brannon & Battle, for defendant in error.
Mrs. Christian brought her action against the Columbus & Rome Railroad Company, a corporation in this state, for the homicide of her husband. The declaration alleges that her husband, while in the agent's office for the transaction of business pertaining to the agency, the business of the husband with the company, was killed by the agent; and it alleges, moreover, that the agent was subject to disease and aberration of mind, and that the company employed him knowing that fact. His disease was, or became at intervals, homicidal mania. The declaration was demurred to on two grounds: (1) As not setting out any cause of action; and (2) as not showing jurisdiction of the court, the action being brought in Harris county, where the homicide was committed, and not in Muscogee county, where the charter located the principal office of the corporation. The demurrer was sustained, and the suit dismissed.
1. With respect to the cause of action, we hold that under the Code § 3033, a railway company is liable for any damage done any person in its employment and service, unless the agents of the company have exercised all ordinary and reasonable care and diligence. This is the express provision of the Code, and is founded, not upon the act of 1855-56, (as indicated in the margin,) but upon the act of 1853-54. We think that...
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