Legal Opinion

Miller v. Southwestern Railroad

Supreme Court of Georgia

Decided July 15, 1875PublishedCited by 18 opinions

Actions. Torts. Homicide. Before Judge Hill. Bibb Superior Court. October Adjourned Term, 1874. The two cases above stated were argued and determined together. Reported in the decision.

1Opinion of the Court

Warner, Chief Justice.

This was an action brought by the plaintiff, as administrator of William M. Miller, deceased, against the defendant, to recover damages for the alleged homicide of the plaintiff’s intestate, by the negligent running of its engine and cars upon its road. The defendant demurred to the plaintiff’s declaration. The court sustained the demurrer and dismissed the plaintiff’s action, whereupon the plaintiff excepted.

The only question presented for our consideration and judgment is, whether that part of the 4th section of the actof 1856, which provides that if any one shall be…

2Cited by18 opinions

  1. Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
  2. Hodges v. Community Loan & Investment Corp.Supreme Court of Georgia · 1975
  3. Dale v. StateSupreme Court of Georgia · 1892
  4. St. Louis, I. M. & S. Ry. Co. v. NeedhamCourt of Appeals for the Eighth Circuit · 1892
  5. Atlantic Log & Export Co. v. Central of Ga. Ry. Co.Supreme Court of Georgia · 1930

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