Ga. R.R. & Banking Co v. Brown

Citation12 S.E. 812,86 Ga. 320
PartiesGeorgia Railroad & Banking Co. v. Brown.
Decision Date20 December 1890
CourtSupreme Court of Georgia

Master and Servant — Injuries to Servants-Railroad Employes.

In Georgia, a railroad company is liable for injuries to an employe wholly caused by the negligence of a fellow-servant, whether or not such injuries are connected with the running of trains.

Error from superior court, Richmond county; Roney, Judge.

J. B. dimming and Bryan Cumming, for plaintiff in error.

Twiggs & Verdery, for defendant in error.

Blandford, J. Brown was employed by the Georgia Railroad & Banking Company to work in its shops, and was injured by the falling of a certain piece of timber upon his foot, caused by reason of the alleged negligence of one of the employes of the company in failing to take hold of the timber, whereby, in consequence of its weight, it fell upon his foot, apd crushed it. A verdict was had for the plaintiff, and the railroad company moved for a new trial, which was refused by the court, and it excepted, and says the court erred in refusing to grant a new trial upon each and every ground of its motion.

1. It is alleged in the motion for a new trial that the verdict is contrary to evidence and the principles of equity and justice, and strongly and decidedly against the weight of the evidence. Looking to the testimony in the case, we find that the same is somewhat conflicting; but we think there was sufficient evidence to sustain the verdict, and therefore the plaintiff in error can take nothing by the first threegroundsof themotionforanew trial.

2. The next error complained of is that the court erred in refusing to charge the jury, at the request of counsel for the plain-till In error, as follows: "If the injury to the plaintiff would not have resulted except by the negligence of a fellow-servant, and such negligence of the fellow-servant caused the injury, he cannot recover." Upon this ground of error this court was asked to review the case of Railroad Co. v. Ivey, 73 Ga. 499. In looking at that case it will be seen that the same able counsel asked this court to review the decision in the case of Thompson v. Railroad Co., 54 Ga. 509, in which case it was held: (1) "A railroad company is liable for injuries to the person of an employe by the negligence or misconduct of other employes of thecompany, whethersuch injuries areconnected with the running oftrains or otherwise." (2) "The only distinction made In the Code between an employe so injured and other...

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2 cases
  • Georgia R. & Banking Co. v. Brown
    • United States
    • Supreme Court of Georgia
    • December 20, 1890
    ...12 S.E. 812 86 Ga. 320 GEORGIA RAILROAD & BANKING Co. v. BROWN. Supreme Court of GeorgiaDecember 20, Error from superior court, Richmond county; RONEY, Judge. J. B. Cumming and Bryan Cumming, for plaintiff in error. Twiggs & Verdery, for defendant in error. BLANDFORD, J. Brown was employed ......
  • Fowlbr v. Jackson
    • United States
    • Supreme Court of Georgia
    • December 20, 1890

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