Hines v. Duncan
Court of Appeals of Georgia
Action for damages; from Madison superior court — Judge W. L. Hodges. March 3, 1920. • The action was for damages on account of alleged injuries to two mules of a carload of mules shipped by the plaintiffs over .a railroad controlled and operated by the defendant as director-general of railroads.
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Action for damages; from Madison superior court — Judge W. L. Hodges. March 3, 1920. • The action was for damages on account of alleged injuries to two mules of a carload of mules shipped by the plaintiffs over .a railroad controlled and operated by the defendant as director-general of railroads. The petition alleged, that when the car of mules arrived at the station to which it was shipped, the depot agent of the railroad company undertook to unload the mules in the absence of the plaintiffs or their agents; that there was no stock-pen at the station, and the agents of the railroad company…
1Opinion of the CourtJenkins, P. J.
1. “ An allegation in a petition, that under the facts pleaded the plaintiff is entitled to recover a certain amount, is not an estoppel in judicio which precludes am amendment that under the same facts the plaintiff is entitled to a larger recovery.” Huger v. Cunningham, 126 Ga. 684 (4) (56 S. E. 64); Wilson v. Bush, 22 Ga. App. 83 (2) (95 S. E. 317) ; Danielly v. Cheeves, 94 Ga. 263 (21 S. E. 524).
2. A suit for damages against a railway company on account of the, unauthorized and careless manner in which stock was unloaded from an improvised scaffold may be amended by specifically charging…
2Cases cited8 opinions
- City of Columbus v. AnglinSupreme Court of Georgia · 1904
- Culberson v. Alabama Construction Co.Supreme Court of Georgia · 1907
- Augusta & Summerville Railroad v. DorseySupreme Court of Georgia · 1881
- Georgia Southern & Florida Railway Co. v. CartledgeSupreme Court of Georgia · 1902
- Danielly v. CheevesSupreme Court of Georgia · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Stuckey's Carriage Inn v. PhillipsCourt of Appeals of Georgia · 1970
- Georgia, Florida & Alabama Railway Co. v. WellsCourt of Appeals of Georgia · 1927
- Perkins v. ButlerCourt of Appeals of Georgia · 1935