9 Ga. App. 628 | Ga. Ct. App. | 1911
(After stating the foregoing facts.)
The present case proceeds ex delicto. The petition alleges no warranty or contract for indemnity, but bases the right of the railroad company to recover over against the light company exclusively upon acts of negligence — negligent installation of the wires, negligent failure to insulate them properly, negligent failure to make adequate inspections, the negligent allowing of the electric circuit to become grounded. Hence we must determine whether through one or more of these alleged torts there arose in favor of the railway company a right of action over against the light company on the theory that the loss, which the railway incurred through its employee’s widow establishing liability against it on account of her husband’s death, can be considered as damages naturally, legally, and proximately flowing to the railway company from the light company’s wrongful acts. To state it somewhat differently, was the railway company in the first suit subjected to liability, not for its own immediate wrong, but solely because of the wrong.of the light company ?
We have read a great many cases bearing more or less directly on the general question presented, and, after considering them all, we can not escape the conclusion that the case is squarely within the doctrine of the case of Union Stockyards Co. v. C., B. & Q. R. Co., supra; and while, of course, that decision is not absolutely binding on us, still it is very persuasive authority. .
Judgment affirmed.