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40 Ga. App. 709

Buchsbaum v. Sadler

Court of Appeals of Georgia

Decided January 14, 1930

Court of Appeals of Georgia · decided 1930-01-14

Relies on Smith v. Western & Atlantic Railroad

Good law ✅— No negative treatment on recordhow we know

Decided 1930-01-14

How this case has been cited

Cited by 3 later decisions — most recently February 1959

3 state decisions

10193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Broyles, C. J.

¶11. “Except in case of railroad companies, tlie master is not liable to one servant for injuries arising from the negligence or misconduct of other servants about the same business.” Civil Code (1910), § 3129. However, the petition in the instant case, although construed most strongly against the plaintiff, fails to disclose the relationship of master and servant between the defendant and the plaintiff. The ruling in paragraph 1 of the decision in Smith v. W. & A. Railroad Co., 134 Ga. 216 (67 S. E. 818), will not be extended to cover the facts of this case. The petition set forth a cause of action, and the court properly overruled the general demurrer interposed.

¶2Judgment affirmed.

Juice and Bloodworth, concur.Lawrence & Abrahams, for plaintiff in error,
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