131 Ga. 537 | Ga. | 1908
Casli brought suit for damages against the Southern Railway Company and J. L. Hudson, making the following allegations: Hudson was an engineer of the Company. Cash was also an employee of the company, working in the capacity of flagman. Cash and Hudson, with other employees, were engaged, upon the date of the alleged injury, in operating one of the company’s freight-trains. Hudson, the engineer, who was in charge of the train, and who controlled the movements thereof, suddenly, unusually, and unnecessarily slackened the speed of the train, violently bumping and jarring the caboose and cars thereof, and violently throwing Cash from the top of the caboose to the ground, causing him serious injuries. To the petition Hudson filed a general and a. special demurrer. The railway company filed an application setting up the facts that the controversy involved more than two thousand dollars, and that a diversity of citizenship existed between it and the plaintiff; contending that the petition showed on its face that the controversy was a separable one and asserted separable and distinct causes of action; and asking an order removing the cause- to the Federal court, filing with the application the requisite removal bond. Exceptions were taken to the overruling of the demurrers, and to the refusal to grant an order of removal to the Federal court.
One of the main questions involved in this case is whether or
In the case of Holland v. Sparks, 92 Ga. 753 (18 S. E. 990),' it was said: “Negligence relatively to the safety of any particu
Judgment reversed.