City Electric Railway Co. v. Salmon
Court of Appeals of Georgia
Action for damages, from city court of Floyd county — Judge Hamilton. December 11, 1906.
1Opinion of the CourtPowell, J.
1. Many people spit when they smoke; this'fact was judicially ascertained and declared by the Supreme Court in, this case, as reported in 124 Ga. 1056; and the plaintiff is so unfortunate as to belong to this class. The allegations of his petition are summarized in the report of the case in 124 Ga., supra, where the Supreme Court sustained his petition as against demurrer. The proof on the trial substantially corresponded with the case as laid, in his pleadings. In order to prevent spitting on the floor'he stuck his head about two inches beyond the margin of the street-car, and it was struck…
2Cases cited1 opinion
- Salmon v. City Electric Railway Co.Supreme Court of Georgia · 1906
3Cited by2 opinions
- Finley v. Southern Railway Co.Court of Appeals of Georgia · 1909
- Maynard v. City of HelenaMontana Supreme Court · 1945