Kennedy v. Atlantic Coast Line Railroad

Court of Appeals of Georgia

Kennedy v. Atlantic Coast Line Railroad

72 S.E. 66, 9 Ga. App. 661, 1911 Ga. App. LEXIS 283

CourtCourt of Appeals of Georgia

DecidedSeptember 11, 1911

Docket3023, 3035

StatusPublished

Cited by1 cases

This text of 72 S.E. 66 (Kennedy v. Atlantic Coast Line Railroad) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kennedy v. Atlantic Coast Line Railroad, 72 S.E. 66, 9 Ga. App. 661, 1911 Ga. App. LEXIS 283 (Ga. Ct. App. 1911).

Pincite

Opinion

Hill, C. J.

The evidence not only failed to show that the injury received by the servant was caused by an omission of duty by the master, but showed that it was due solely to the negligence of the servant while acting outside of the proper scope of his employment. The motion to nonsuit was therefore properly sustained. Atlanta & Charlotte Air Line Ry. v. Ray, 70 Ga. 674; Whitton v. South Carolina & Ga. R. Co., [662]*662106 Ga. 796 (32 S. E. 837) ; Strange v. Wrightsville & Tennille R. Co., 133 Ga. 730 (66 S. E. 774).

Decided September 11, 1911.

Action for damages; from city court of Waycross — Judge McDonald. September 30, 1910.

J. L. Sweat, for plaintiff. Bennet, Twitty & Reese, Wilson, Bennett & Lamb din, for defendant.

Judgment on main bill of exceptions affirmed; cross-bill dismissed.

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Hill, C. J.

The evidence not only failed to show that the injury received by the servant was caused by an omission of duty by the master, but showed that it was due solely to the negligence of the servant while acting outside of the proper scope of his employment. The motion to nonsuit was therefore properly sustained. Atlanta & Charlotte Air Line Ry. v. Ray, 70 Ga. 674; Whitton v. South Carolina & Ga. R. Co., [662]*662106 Ga. 796 (32 S. E. 837) ; Strange v. Wrightsville & Tennille R. Co., 133 Ga. 730 (66 S. E. 774).

Decided September 11, 1911.

Action for damages; from city court of Waycross — Judge McDonald. September 30, 1910.

J. L. Sweat, for plaintiff. Bennet, Twitty & Reese, Wilson, Bennett & Lamb din, for defendant.

Judgment on main bill of exceptions affirmed; cross-bill dismissed.

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Bluebook (online)

72 S.E. 66, 9 Ga. App. 661, 1911 Ga. App. LEXIS 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kennedy-v-atlantic-coast-line-railroad-gactapp-1911.

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