Stevens v. Bunn

Court of Appeals of Georgia

Stevens v. Bunn

64 S.E. 1002, 6 Ga. App. 315, 1909 Ga. App. LEXIS 276

CourtCourt of Appeals of Georgia

DecidedJune 15, 1909

Docket1656

StatusPublished

This text of 64 S.E. 1002 (Stevens v. Bunn) 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

Stevens v. Bunn, 64 S.E. 1002, 6 Ga. App. 315, 1909 Ga. App. LEXIS 276 (Ga. Ct. App. 1909).

Pincite

Opinion

Hill, C. J.

1. Under tlie facts the defendants were not operating a railroad within the meaning of the Civil Code, §2321, but were conducting a tramway in connection with their lumber business. Self v. A del Lumber Co., 5 Ca. App. 846 (64 S. E. 112) ; Railey v. CaArbuU Lumber Co., 112 Ca. 288 (37 S. E. 360).

2. A wood-cuttei-, an engineer, and a brakeman, engaged in cutting, loading, and transporting timber over a tramway to a sawmill for a common master, are fellow servants. Railey v. Carbult Lumber Co., supra.

3. The master, except in cases of railroad companies, is not liable to one servant for an injury caused by the negligence of another servant about the same business. Civil Code, §2610.

4. The evidence for the plaintiff showed that he was injured either by his own negligence or the negligence of a fellow servant, or by the joint negligence of both, and without any contributory negligence of the master. The judgment of nonsuit was properly awarded. Judgment affirmed.

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