Nash v. Savannah Electric Co.
Court of Appeals of Georgia
Action for damages; from city court of Savannah—Judge Davis Freeman. May 23, 1916. The petition alleged, that when a car of the defendant’s electric-railway, on which the plaintiff was being transported in the city of Savannah, “reached the western side of the Gwinnett-street subway, it was flooded with water, so that it was impossible for the car to pass; whereupon the conductor in charge of the said ear, who personally knew petitioner, said to her, 'Mrs. Nash, you •will…
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Action for damages; from city court of Savannah—Judge Davis Freeman. May 23, 1916. The petition alleged, that when a car of the defendant’s electric-railway, on which the plaintiff was being transported in the city of Savannah, “reached the western side of the Gwinnett-street subway, it was flooded with water, so that it was impossible for the car to pass; whereupon the conductor in charge of the said ear, who personally knew petitioner, said to her, 'Mrs. Nash, you •will have to cross the railroad tracks and take the car on the other side,’ and pointed out to petitioner the place where she…
1Opinion of the Court
Broyles, ,P. J.
Under the particular facts of the case, the petition, construed (as it must be) most strongly against the plaintiff, did not set forth a cause of action, and the court committed no error in sustaining the general demurrer and dismissing the suit.
Judgment affirmed.
Jenkins and Bloodworth, JJ., concur. Oliver & Oliver, for plaintiff,
cited: Georgia Ry. &c. Co. v. McAllister, 126 Ga. 448; Georgia Ry. &c. Co. v. Norris, 135 Ga. 838, 843; Macon Ry. Co. v. Vining, 120 Ga. 511; G., C. & N. Ry. Co. v. Brown, 120 Ga. 381; Atlanta Terminal Co. v. Johnson, 15 Ga. App. 22; A. & B. Railroad…
2Cases cited10 opinions
- Central Railroad & Banking Co. v. PerrySupreme Court of Georgia · 1877
- Atlantic & Birmingham Railroad v. DouglasSupreme Court of Georgia · 1904
- Macon Railway & Light Co. v. ViningSupreme Court of Georgia · 1904
- King v. Seaboard Air-Line RailwayCourt of Appeals of Georgia · 1907
- Central Railroad v. ThompsonSupreme Court of Georgia · 1886
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