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Taylor v. Atlantic Coast Line Railroad

133 S.E. 286, 35 Ga. App. 416, 1926 Ga. App. LEXIS 409
CourtCourt of Appeals of Georgia
DecidedMay 14, 1926
Docket16801
StatusPublished
Cited by1 cases

This text of 133 S.E. 286 (Taylor 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
Taylor v. Atlantic Coast Line Railroad, 133 S.E. 286, 35 Ga. App. 416, 1926 Ga. App. LEXIS 409 (Ga. Ct. App. 1926).

Opinion

Jenkins, P. J.

Construing the petition most strongly against the pleader, as we must, it is at least capable of the reasonable construction that the defendant’s section foreman was palpably acting without the scope of his limited authority, in ordering the decedent to do the particular work in the performance of which he was killed. The master could not be held liable for an injury received by one of its servants in obeying such a command, and the court did not err in dismissing the petition on demurrer.

Judgment affirmed.

Stephens and Bell, JJ., concur. Harrell & Custer, for plaintiff. B. (?. Hartsfield, Pope & Bennet, for defendant.

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Related

Cheves v. Hitz
147 S.E. 778 (Court of Appeals of Georgia, 1929)

Cite This Page — Counsel Stack

Bluebook (online)
133 S.E. 286, 35 Ga. App. 416, 1926 Ga. App. LEXIS 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-atlantic-coast-line-railroad-gactapp-1926.