Supreme Court of Georgia, 1878

McDade v. Georgia Railroad

McDade v. Georgia Railroad
Supreme Court of Georgia · Decided January 15, 1878 · Bleckley
60 Ga. 119

Counsel

Jno. T. Glenn; John A. Stephens; L. J. "Winn, for plaintiff in error., Candler & Thomson ; Henry Hillyer, for defendant.

McDade v. Georgia Railroad

Opinion of the Court

Bleckley, Judge.

The law of this case was settled in 59 Ga., 73. A third verdict for the plaintiff has no saeredness, where the law is against a recovery, It is impossible for the employee of a railroad company to maintain an action for a personal injury, unless he was himself free from fault. The fault of the *120plaintiff, in view of his obligation to obey orders, is not a doubtful question. In a land of law, there is protection to a corporation as well as to the poorest citizen. The presiding judge performed his duty in granting a new trial. We shall support him.

Judgment affirmed.

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