Gainesville & Dahlonega Electric Railway Co. v. Austin
Supreme Court of Georgia
Action for damages. Before Judge Stark. City court of Hall ■county. October 14, 1905. The substance of the petition filed by the plaintiff is set forth in the report of this ease in 122 Ga. 823. It contained three ■counts, the second of which was stricken on demurrer, and the first ■and third held to be good by the trial court.
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Action for damages. Before Judge Stark. City court of Hall ■county. October 14, 1905. The substance of the petition filed by the plaintiff is set forth in the report of this ease in 122 Ga. 823. It contained three ■counts, the second of which was stricken on demurrer, and the first ■and third held to be good by the trial court. After the affirmance •of this judgment by the Supreme Court, the defendant company offered an amendment to its answer, setting up" the plea of res adjudicata, which plea was predicated upon the judgment striking the second count of the petition. The trial judge, over…
1Opinion of the CourtEvans, J.
(After stating the facts.)
1. The railway company in its plea of res adjudicata set forth the adjudication in its favor, to the effect that no cause of action was properly pleaded in the second count of the plaintiff’s petition, and also alleged that while he apparently sought to recover upon three distinct counts, each relating to a separate cause of action, he had not, in point of fact, received more than one injury and had never had but one (if any) cause of action against the company. The defense urged in this plea was that the judgment striking the second count of the petition operated as…
2Cases cited5 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Kemp v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
- Sims v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1905
- Gainesville & Dahlonega Electric Railway Co. v. AustinSupreme Court of Georgia · 1905
- Central of Georgia Railway Co. v. WeathersSupreme Court of Georgia · 1904
3Cited by21 opinions
- Western & Atlantic Railroad v. ReedCourt of Appeals of Georgia · 1926
- Saliba v. SalibaSupreme Court of Georgia · 1947
- Patterson v. PattersonSupreme Court of Georgia · 1951
- Southern Railway Co. v. WessingerCourt of Appeals of Georgia · 1924
- Ussery v. KochCourt of Appeals of Georgia · 1967
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