Legal Opinion

Grant v. Royster Guano Co.

Court of Appeals of Georgia

Decided February 6, 1915No. 5678PublishedCited by 8 opinions

Action for damages; from city court of Macon—Judge Daly. April 15, 1914.

1Opinion of the CourtWade, J.

1. “An amendment which sets forth an act of negligence additional to others originally pleaded as being a concurring and contributing cause of the injury, for which damages are asked in the original petition, does not add a new and distinct cause of action.” Bowen v. Adams, 129 Ga. 688 (2), 691 (59 S. E. 795). “An amendment to the petition, which merely varies the acts of negligence, but which does not complain of any different wrong or injury from that set forth in the original petition, is not subject to the objection that it sets forth a new cause of action.” King v. Seaboard Air-Line…

2Cases cited3 opinions

  1. Southern Cotton-Oil Co. v. GladmanCourt of Appeals of Georgia · 1907
  2. King v. Seaboard Air-Line RailwayCourt of Appeals of Georgia · 1907
  3. Bowen, Jewell & Co. v. AdamsSupreme Court of Georgia · 1907

3Cited by8 opinions

  1. Bach v. Bragg Bros. & Blackwell Inc.Court of Appeals of Georgia · 1936
  2. Thigpen v. Executive CommitteeCourt of Appeals of Georgia · 1966
  3. Usry v. Augusta Southern RailroadCourt of Appeals of Georgia · 1920
  4. Southern Railway Co. v. HeatonCourt of Appeals of Georgia · 1939
  5. Payne v. DemottCourt of Appeals of Georgia · 1921

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