Atlanta, Knoxville & Northern Railway Co. v. Gardner
Supreme Court of Georgia
Action for damages. Before Judge Gober. Pickens superior court. January 8, 1904. Ruth Gardner, aged seventeen years, by her next friend Hiram L. Gardner, brought suit, in Pickens county, against the Atlanta, Knoxville & Northern Railway Company, for $15,000 as damages resulting from physical injuries alleged to have been sustained by her in consequence of the negligence of the defendant company.
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Action for damages. Before Judge Gober. Pickens superior court. January 8, 1904. Ruth Gardner, aged seventeen years, by her next friend Hiram L. Gardner, brought suit, in Pickens county, against the Atlanta, Knoxville & Northern Railway Company, for $15,000 as damages resulting from physical injuries alleged to have been sustained by her in consequence of the negligence of the defendant company. The petition alleged, that she “ was' driving a buggy,” and “ her route involved crossing over the defendant’s railroad track upon a public crossing known as Whitfield’s crossing in” Pickens county;…
1Opinion of the CourtFish, P. J.
(After stating the facts.) 1. The only demurrer insisted upon in the brief and written argument of counsel for the plaintiff in error is the special demurrer to the sixth paragraph of the petition. This demurrer was upon the ground that this paragraph set forth only the conclusion of the pleader, “ without alleging wherein defendant failed to exercise all ordinary and reasonable care and diligence.” This demurrer should have been sustained and this paragraph of the petition stricken. As .will be seen from the above statement of facts, this paragraph began as follows : “ And for further cause…
2Cases cited23 opinions
- Powell v. StateSupreme Court of Georgia · 1897
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Northern Pacific Railroad v. UrlinSupreme Court of the United States · 1895
- Central Railroad v. HarrisSupreme Court of Georgia · 1886
18 more not listed; retrieve them via the Exa API.
3Cited by127 opinions
- Whatley v. HenryCourt of Appeals of Georgia · 1941
- Davis v. WhitcombCourt of Appeals of Georgia · 1923
- Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
- Frangos v. EdmundsOregon Supreme Court · 1946
- Underwood v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1962
122 more not listed; retrieve them via the Exa API.