Georgia Reports Volume 32

Georgia Reports Volume 32

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1869 edition. Excerpt: ... or carelessness of the road, or its employees. Nothing of the kind appears from the evidence. The non-suit was therefore properly awarded. It was urged, as a reason for the recovery, that Nelms, the overseer, having Pompey, the negro killed, in charge, gave a grocery keeper, at the Forsyth depot, verbal orders to let the negro have liquor. It is unnecessary to inquire whether the road would have been liable had the negro been furnished with liquor under such order, and his death caused in conse quence, as there is no evidence that the negro procured, or was under the influence of, liquor at the time.-2. The only other reason urged for the liability of the road was, that the negro was required to stay at the shanty with the overseer, and that if this requisition had been enforced, and the negro at the place where he ought to have been at the time, the accident would not have happened. It does not appear that this requirement was a part of the contract of hiring, or if so, that the road, or its employees, were to use compulsory force, such as confinement, to enforce it, nor that the departure or absence of the negro from his post was by the consent or knowledge of the defendant, which would be necessary to authorize a recovery on this ground. Let the judgment be affirmed. RICHARD Ron, casual ejector, and MATTHEW SYKEs, tenant, etc., plaintifls in error, vs. JOHN Do121, on the demises of MCRORY and Pownns, defendant in error. 1. The proviso of the Act of 1857, (Pamphlet Laws, 58, ) does not take any case out of the operation of the act, unless the written agreement relied on, as specified in the proviso, emanates from the person to whom the grant is alleged to have issued by mistake, or one claiming under him. 2. If the vested right, .show more

Product details

  • Paperback | 278 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236907221
  • 9781236907226