Legal Opinion
George A. Fuller Construction Co. v. Elliott
Court of Appeals of Georgia
Decided June 2, 1955No. 35606, 35627, 35611, 35628, 35624, 35629PublishedCited by 7 opinions
1Opinion of the CourtNichols, J.
The allegations of the petition as amended, to the effect that there was no flagman at the crossing, were not *315subject to the special demurrers of the defendants Central of Georgia Railway Company and Southern Railway Company in cases Nos. 35611 and 35624, on the ground that the allegations were immaterial and irrelevant, for the reason that whether a flagman was at the crossing had no causal connection with the death of the plaintiff’s husband, since it appears from the petition that a flagman, if present at the crossing, could have done no more than the plaintiff’s husband did.
The petition…
2Cases cited5 opinions
- Wagner v. International Railway Co.New York Court of Appeals · 1921
- Peggy Ann of Georgia Inc. v. ScogginsCourt of Appeals of Georgia · 1952
- Blanchard v. Reliable Transfer CompanyCourt of Appeals of Georgia · 1944
- Rushton v. HowleCourt of Appeals of Georgia · 1949
- Louisville & Nashville Railroad v. ClineSupreme Court of Georgia · 1911
3Cited by7 opinions
- Walker Hauling Co., Inc. v. JohnsonCourt of Appeals of Georgia · 1964
- Usry v. SmallCourt of Appeals of Georgia · 1961
- Slappy v. Georgia Power CompanyCourt of Appeals of Georgia · 1964
- Aiken v. GlassCourt of Appeals of Georgia · 1957
- Southern Railway Co. v. ElliottCourt of Appeals of Georgia · 1956
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