Gooch v. Georgia Marble Co.
| Decision Date | 16 April 1921 |
| Docket Number | 2232. |
| Citation | 107 S.E. 47,151 Ga. 462 |
| Parties | GOOCH v. GEORGIA MARBLE CO. ET AL. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
Where one suffers an injury as the result of the concurring negligence of two tort-feasors, the injured party may maintain a joint or several suit against the tort-feasors and it will be sufficient to support a recovery in a joint suit if the negligence of both be a contributing cause although the degree of care owed to the complainant by both parties defendant be not the same.
Certified Questions from Court of Appeals.
Action by Nettie Gooch against the Georgia Marble Company and others. Judgment for defendants, and plaintiff brought error to the Court of Appeals, which certified questions to the Supreme Court. First question answered in the negative, and second not answered.
W. J Phillips, C. N. Davie, and E. D. Kenyon, all of Gainesville, and John S. Wood, of Canton, for plaintiff in error.
McDaniel & Black. of Atlanta, for defendants in error.
1. Under allegations in the petition raising the issues submitted by the first question propounded by the Court of Appeals, there was no misjoinder of parties defendant "on the theory that the duties owed to him [the decedent for whose homicide the widow brought her action for the recovery of damages] by his employer, the marble company, and by the railroad company, were not the same." The cars which it became the duty of the decedent to assist in switching were owned and delivered by the railroad company but were thereafter to be placed by the marble company for the purpose of being loaded by it. The decedent was under the duty of assisting in handling the car, alleged to be defective, on a side track owned and maintained by the railroad company. The car which the decedent was attempting to stop at the time he was run over and killed was fitted with a defective coupling, in consequence of which he was compelled, in the performance of his duty, to run along by the side of the car, which was in motion, and in doing this stumbled over the obstructions by the side of the track which had been negligently placed and left there by the railroad company. The duty of handling the car was placed upon the decedent by the marble company; the duty of working along by the side of the track was also placed upon him by the marble company; and it was the decedent's duty, because of his being in the employment of the latter...
To continue reading
Request your trial
-
Bowers v. CSX Transp.
... BOWERS v. CSX TRANSPORTATION, INC. No. A23A0839 Court of Appeals of Georgia November 3, 2023 ... ... MARKLE, JUDGE ... concurrent negligence of joint tortfeasors." ... Id. at 748, citing Gooch v. Ga. Marble Co. , ... 151 Ga. 462, 463-464 (107 SE 47) (1921). So when a plaintiff ... ...
-
Gooch v. Ga. Marble Co, (No. 2232.)
...151 Ga. 462107 S.E. 47GOOCHv.GEORGIA MARBLE CO. et al.(No. 2232.)Supreme Court of Georgia.April 16, 1921.(Syllabus by the Court.)Certified Questions from Court of Appeals.Action by Nettie Gooch against the Georgia Marble Company and others. Judgment for defendants, and plaintiff brought error to the Court of Appeals, which ... ...
-
Product Liability - Franklin P. Brannen, Jr., Richard L. Sizemore, and Jacob E. Daly
...Atlanta Obstetrics & Gynecology Group, P.A. v. Coleman, 260 Ga. 569, 569-70, 398 S.E.2d 16, 17 (1990)). 102. Gooch v. Georgia Marble Co., 151 Ga. 462, 463-64, 107 S.E. 47, 48 (1921) (internal quotation marks omitted). 103. Thompson v. Thompson, 278 Ga. 752, 753-54, 605 S.E.2d 30, 31-32 (200......
-
Product Liability - Franklin P. Brannen, Jr., Richard L. Sizemore, and Jacob E. Daly
...Atlanta Obstetrics & Gynecology Group, P.A. v. Coleman, 260 Ga. 569, 569-70, 398 S.E.2d 16, 17 (1990)). 75. Gooch v. Ga. Marble Co., 151 Ga. 462, 463-64, 107 S.E. 47, 48 (1921) (citation omitted) (internal quotation marks omitted). 76. Thompson v. Thompson, 278 Ga. 752, 753, 605 S.E.2d 30, ......