South Georgia Railway Co. v. Ryals
Supreme Court of Georgia
Action for damages. Before Judge Mitchell. Brooks superior court. December 9, 1904. This case originated in the county court of Brooks county, and was appealed to the superior court. Eyals brought suit against the South Georgia Eailway Company, alleging that the defendant had damaged him in the sum of $70, besides interest, by killing certain cattle and a hog which were described in an account attached to the declaration.
Read the full summary
Action for damages. Before Judge Mitchell. Brooks superior court. December 9, 1904. This case originated in the county court of Brooks county, and was appealed to the superior court. Eyals brought suit against the South Georgia Eailway Company, alleging that the defendant had damaged him in the sum of $70, besides interest, by killing certain cattle and a hog which were described in an account attached to the declaration. The only allegation of negligence was “that said damage was done by the running of the locomotive and cars of said defendant in said county in a careless and negligent…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) A general allegation in a declaration, that damage was done by the running of the locomotive and cars of a railroad company in a careless and negligent manner by its employeés,' is subject to special' de&iurrer. In the absence of amendment, a declaration based on such an allegation should be dismissed. Seaboard Air-Line Ry. v. Pierce, 120 Ga. 230; Macon, D. & S. R. Co. v. Stewart, Id. 890; Russell v. Central Ry. Co., 119 Ga. 705. As to a suit in a jus*332tice’s court, see Macon & Birmingham Ry. Co. v. Walton, 121 Ga. 275. Section 2321 of the Civil Code, under which,…
2Cases cited5 opinions
- Seaboard Air-Line Railway v. PierceSupreme Court of Georgia · 1904
- Russell v. Central of Georgia Railway Co.Supreme Court of Georgia · 1904
- Pierce v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1905
- Macon & Birmingham Railway Co. v. WaltonSupreme Court of Georgia · 1904
- Georgia Railway & Electric Co. v. KnightSupreme Court of Georgia · 1905
3Cited by10 opinions
- Harden v. Georgia RailroadCourt of Appeals of Georgia · 1908
- Georgia Railroad & Banking Co. v. WilliamsCourt of Appeals of Georgia · 1907
- Lime-Cola Bottling Co. v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1925
- Atlanta, Birmingham & Atlantic Railway Co. v. WhiteheadCourt of Appeals of Georgia · 1923
- Atlantic Coast Line Railroad v. BurroughsCourt of Appeals of Georgia · 1917
5 more not listed; retrieve them via the Exa API.