Reed Oil Co. v. Smith
Court of Appeals of Georgia
(Certiorari was granted by the Supreme Court.) Action for damages; from city court of Atlanta — J udge Eeid. April 16, 1921. Mrs. E. S. Smith sued the Director-General of Railroads, the Western & Atlantic Railroad Company, and the Reed Oil Company, for damages on account of the death of her minor son.
Read the full summary
(Certiorari was granted by the Supreme Court.) Action for damages; from city court of Atlanta — J udge Eeid. April 16, 1921. Mrs. E. S. Smith sued the Director-General of Railroads, the Western & Atlantic Railroad Company, and the Reed Oil Company, for damages on account of the death of her minor son. On demurrer the trial court struck the-Western & Atlantic Railroad Company as a defendant, and the ease proceeded to trial against the Director-General and the Reed Oil Company. At the conclusion of the evidence a nonsuit was awarded as to the Director-General of Railroads, and this judgment was…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) 1. No error appears in the rulings of the trial court on the demurrers filed to the petition. The allegations of the petition clearly, fully, and distinctly set forth a cause of action against the Reed Oil Company, either severally or jointly with the other two defendants, and were entirely sufficient to withstand a general demur*474rer, and there was no merit in any of the special demurrers of that company.
2. The colloquy between the court and counsel, set out. in the motion for a new trial, was not cause for a new trial. Trial judges have the right to…
Also in this document: Concurrence.
2Cases cited3 opinions
- Merchants & Miners Transportation Co. v. Moore & Co.Supreme Court of Georgia · 1905
- Southern Railway Co. v. Hodgson Bros.Supreme Court of Georgia · 1919
- Southern Railway Co. v. Massee & Felton Lumber Co.Court of Appeals of Georgia · 1919
3Cited by3 opinions
- Reed Oil Co. v. SmithSupreme Court of Georgia · 1922
- Reed Oil Co. v. SmithCourt of Appeals of Georgia · 1922
- Teems v. BurelCourt of Appeals of Georgia · 1939