William R. Day

“ The court further held that the objection that the liability of the railroad company* was statutory, and that of the other defendants at common law, made no difference in the right to join the defendants, and that, under the statute law of Georgia, the acts of negligence set out in the declaration against the individual defendants may have amounted to criminal negligence, in which event both the railroad company and the individual defendants were jointly liable to the plaintiff under the law of the state. ”

“ The negligence charged was that the brakeman negligently failed to turn the switch back to the main line after his train went into the siding; that Cox, the conductor, was in control and management of the train, and under the duty of seeing that the switch was turned to the main line; and that Voil, the engineer, after he got his engine into the siding, with the exercise of ordinary care should have known that the switch was turned wrong, and yet failed to take any steps to report the situation or to have it remedied. ”