Macon, Dublin, & Savannah Railroad v. Moore
Supreme Court of Georgia
Action for damages. Before Judge Hodges. City court of.' Macon. August 31, 1905. . The plaintiff brought her complaint against the railroad company for alleged tortiohs acts resulting in the death of her husbandi Both a demurrer and answer were filed, the latter being a general denial of all the allegations of the declaration, except that the defendant was a corporation.
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Action for damages. Before Judge Hodges. City court of.' Macon. August 31, 1905. . The plaintiff brought her complaint against the railroad company for alleged tortiohs acts resulting in the death of her husbandi Both a demurrer and answer were filed, the latter being a general denial of all the allegations of the declaration, except that the defendant was a corporation. Most of the alleged defects set forth by the demurrer, being cured by amendment of the petition, the-demurrer was overruled. The verdict was for the plaintiff in the sum of $1,500. The defendant moved for a new trial upon…
1Opinion of the CourtAtkinson, J.
1. It is insisted that the court erred in not striking the third paragraph of the petition, which charged that the defendant company “illegally, wrongfully, and negligently forced the said Peyton Moore to leave the train.” The objection, as argued by counsel in his brief, was that said paragraph did not sufficiently apprise the defendant of the specific acts of negligence relied on, so that the defendant might be enabled to make out a complete defense. But this reason does not appear in the reéord as one of the grounds of special demurrer to said paragraph; the objection there urged being…
2Cases cited6 opinions
- Kemp v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
- Pullman Palace Car Co. v. MartinSupreme Court of Georgia · 1893
- Seaboard Air-Line Railway v. PierceSupreme Court of Georgia · 1904
- Blackstone v. Central of Georgia Ry. Co.Supreme Court of Georgia · 1898
- Louisville & Nashville Railroad v. CodySupreme Court of Georgia · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Mayor of Unadilla v. FelderSupreme Court of Georgia · 1916
- Daigrepont v. Teche Greyhound Lines Inc.Supreme Court of Georgia · 1940
- Seaboard Air-Line Railway v. SmithCourt of Appeals of Georgia · 1907
- Atlantic Coast Line Railroad v. BartonCourt of Appeals of Georgia · 1914
3 more not listed; retrieve them via the Exa API.