112 Ga. 655 | Ga. | 1901
This was an action proceeding in the name of James Banks, as the administrator of the estate of Fannie R. Thurmond deceased, against the Georgia Railroad and Banking Company, for the tortious homicide of Earl Thurmond, the husband of plaintiff’s-
The only other case involving the right of an employee of the company using the road to hold the proprietary railroad company liable for an injury caused by the negligence of a coemployee, which has come to this court, is that of Killian v. Augusta and Knoxville Railroad Company, 79 Ga. 234. Killian was an employee of the Port Royal and Augusta Railway Company, on its train which was temporarily running over the line of road of the Augusta and Knoxville Railroad Company by its consent. There was no lease. The car upon which Killian was riding was derailed, and he was killed. In a suit for his homicide, brought by his widow against the Augusta and Knoxville Railroad Company, the owner of the track, it was held that the only duty or obligation the defendant company was under as to Killian was to furnish a safe track for the running of the train upon which he was riding. The trial court charged the principle announced in the Mayes case, supra, but this court thought it inapplicable, and undertook to distinguish the cases. See 79 Ga. 244. Counsel for plaintiff in error cite the case of Singleton v. Southwestern Railroad Company, 70 Ga. 467. It appears in- that case that the Southwestern Railroad Company had, by legislative authority, leased its roads and franchises to the Central Railroad and Banking Company, and that.it was operating the leased lines in the name of the lessor company with its consent; that Singleton was a passenger on the leased road, with a ticket purporting to have been issued by the lessor company, sold to him by the agent of the lessee company; and that while such a passenger Singleton received personal injuries by reason of the negligence of the lessee’s employee in putting him off the train. There was no legislative exemption absolving the Southwestern Railroad Company from liability for the negligent acts of the employees of the lessee company. This court held that, notwithstanding there was legislative authority for the lease, the proprietary company was, under such circumstances, liable to Singleton for the injuries resulting to him from the torts of the lessee’s employees. In the synopsis
There being no error in sustaining the demurrer to the petition, the judgment is
Affirmed,