54 Ga. 509 | Ga. | 1875
Thompson sued the defendant for an injury done to his person by the carelessness and negligence of certain servants of the defendant. Thompson was himself a servant, a switch-man; those whose carelessness injured him, were laborers engaged in carrying iron from one point to another of the yard of defendant. The evidence, in substance, was that the laborers let fall a bar of iron on the shoulder of plaintiff, and he was thereby injured. The court granted a non-suit on the ground that the road was not liable to an employee for injuries received from co-employees, unless connected with the running of the trains of defendant; the plaintiff excepted, and the question made here, is whether in a case, not connected with running the cars, the company is liable. In the view we have taken of the case, it becomes unnecessary to follow the able counsel who argued the cause on each side in their examination of the common law bearing upon the liability of parties in such cases, nor is it necessary to criticise closely the testimony developed on the hearing and disclosed in the record. The brief statement of fact, at the head of this opinion, is sufficient for our judgment, and the sections of our own Code applicable thereto, and their construction, and to us, evident meaning, will control that judgment.
Judgment reversed.
Note. — When this case was decided, and the principle agreed to that the burden is on the railroad company to show fault or negligence in the plaintiff, if an employee, we inadvertently omitted to consider the case of Campbell vs. The Atlanta and Richmond Air Line Railroad, 53 Georgia, 488. That case seems to cast the onus on the employee. We note it, that both that and this may be reviewed and compared hereafter. The judgment in this case would stand, however this point might be ruled on review.