Rose v. Hines
Court of Appeals of Georgia
Complaint; from city court of Savannah-—Judge Freeman. January 5, 1920. The suit was filed October 20, 1919. The Atlantic Coast Line Railroad Company was originally one of the defendants, but was stricken by amendment.
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Complaint; from city court of Savannah-—Judge Freeman. January 5, 1920. The suit was filed October 20, 1919. The Atlantic Coast Line Railroad Company was originally one of the defendants, but was stricken by amendment. The petition alleges: “Under and by virtue of a proclamation of the President of the United States and the laws of Congress relative thereto, Walker D. Iiines, director-general of railroads of the United States, and his predecessors in office, is now and was on April 12, 1918, controlling and operating” the Atlantic Coast Line Bailroad Company. That company “and Walker D.…
1Opinion of the CourtJenkins, P. J.
1. Failure to show jurisdiction is an amendable defect in a petition, and if the omission is not challenged by demurrer, with opportunity given to amend, a dismissal which has been entered for another and different reason will not be upheld because of such omission. Burton v. Wadley Southern Ry. Co., 25 Ga. App. 599 (103 S. E. 88).
2. The -claim against, the • railway company having arisen out of a liability incurred by its relief department as incident to the operation of its railway system, an action to enforce the claim would be against the railway company,but for Federal control.…
2Cases cited3 opinions
- Washington v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1911
- Burton v. Wadley Southern Railway Co.Court of Appeals of Georgia · 1920
- Hines v. ZellnerCourt of Appeals of Georgia · 1920
3Cited by5 opinions
- Moore v. RobertsCourt of Appeals of Georgia · 1937
- Davis v. McMillianCourt of Appeals of Georgia · 1922
- Shiell v. DavisCourt of Appeals of Georgia · 1923
- National Surety Corporation v. BoneyCourt of Appeals of Georgia · 1959
- National Surety Corporation v. BoneyCourt of Appeals of Georgia · 1959