Stanley v. The Richmond & Danville Extension Co.

• Decision Date: 30 September 1883
• Citation: 72 Ga. 202
• Court: Georgia Supreme Court
• Parties: Stanley . vs. The Richmond & Danville Extension Company.

72 Ga. 202

Stanley . vs. The Richmond & Danville Extension Company.

Supreme Court of the State of Georgia

SEPTEMBER TERM, 1883.

In suit by a widow against a railroad for the homicide of her husband, the evidence for the plaintiff was as follows: The deceased was employed by defendant to work on a railroad; while so employed, one A., as "boss, " directed him, together with other hands, to push certain cars loaded with iron, and directed them to stand on the side and shove them; the deceased voluntarily placed himself between two flat cars, and while they were being pushed and in motion, he fell; the car ran over his foot or leg, and from the injury so received he died. It did not appear when the deceased placed himself between the cars, that the "boss" knew he had done so, or what relation this "boss " sustained to the deceased and his associates:

Held, that the evidence failed to make out any case against the railroad, and a non-suit was properly awarded.

Judgment affirmed.

February 2, 1884.

Blandford, Justice.